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

petitions to the House of Commons

We're waiting for domenic b to read a recent response and update the status.

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold on who interprets House Standing Orders where the Speaker is not, the office explains, the correct authority.

Although securing response from the Speakers Office, it does not address my question so, I restated and submitted it but without success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner and more importantly, the right of the House to receive a petition and thus undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP. The same MP refusing to present it and blocking others from doing so.I understand there are two issues here i) disciplining the MP, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

FOI Commons, House of Commons

Dear Mr B,

Thank you for your request for information dated 28 December, received by us on the same date and copied below.

The Freedom of Information Act requires a name to be provided before a request can be progressed and the Information Commissioner’s Office has produced guidance on this matter which can be found at:
https://ico.org.uk/media/for-organisatio....

The guidance states - 'Any variation of the requester’s title or first name combined with their surname (e.g. Mr Smith or John Smith) will be sufficient to meet this requirement. However, a first name or surname provided in isolation, or a set of initials, will not.' Page 6 refers.

I would be grateful if you could provide your name (title and/or first name/initial with surname satisfies the requirement for provision of a real name) by return. Your request will be held pending receipt of this information.

If you have any queries about your request, please use the request number quoted in the subject line of this email.

Yours sincerely,

Mrs Payne
Information Rights and Information Security (IRIS) Service | House of Commons

show quoted sections

February 9, 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic

_______________________________________________________

Tue, Dec 29, 2015 at 12:02 PM
FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

_______________________________________________________

On 28 December 2015 at 18:02, dom <[email address]> wrote:

Dear Sir,

My FOI query is: would you kindly disclose any information you hold on who interprets House Standing Orders where the Speakers Office is not, they explain, the correct authority.

Although securing response from the Speakers Office, it did not address my question so, I restated and submitted it but without success.

*The original question concerns presenting petitions to the House: What rules or accommodations protect the interest of the petitioner and more importantly, the right of the House to receive a petition and thus undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP. The same MP refusing to present it and blocking others from doing so.

I understand there are two issues here i) disciplining the MP, ii) securing the right of the House to receive the petition. My question concerns the latter.

_______________________________________________________

This email was scanned by the Government Secure Intranet anti-virus service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) In case of problems, please call your organisations IT Helpdesk. Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

Dear FOI Commons,

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
_______________________________________________________

From: FOI Commons
House of Commons
29 December 2015

Dear Mr B,

Thank you for your request for information dated 28 December, received by us on the same date and copied below.

The Freedom of Information Act requires a name to be provided before a request can be progressed and the Information Commissioner’s Office has produced guidance on this matter which can be found at:
https://ico.org.uk/media/for-organisatio....

The guidance states - 'Any variation of the requester’s title or first name combined with their surname (e.g. Mr Smith or John Smith) will be sufficient to meet this requirement. However, a first name or surname provided in isolation, or a set of initials, will not.' Page 6 refers.

I would be grateful if you could provide your name (title and/or first name/initial with surname satisfies the requirement for provision of a real name) by return. Your request will be held pending receipt of this information.

If you have any queries about your request, please use the request number quoted in the subject line of this email.

Yours sincerely,
Mrs Payne
Information Rights and Information Security (IRIS) Service | House of Commons
_______________________________________________________

From: domenic b [mailto:[FOI #308442 email]]
Sent: 28 December 2015 17:55
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,

 

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

 

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

 

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

 

Yours sincerely,

 

Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

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Click [2]here for details about Freedom of Information

in the House of Commons and to see what we publish.

 

 

 

 

 

 

show quoted sections

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert

 

 

Freedom of Information Request F16-088

 

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.  

 

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue.  Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so.  The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested.  More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

 

It may help you to know that the House of Commons has an e-petition
website.  It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP.  More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

 

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons.  More information can be found here:
[3]http://www.parliament.uk/business/commit....

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request.  Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email].  Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.

 

Yours sincerely,

 

 

 

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

 

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Click [7]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

   

 

From: domenic b [mailto:[FOI #308442 email]]

     Sent: 28 December 2015 17:55

     To: FOI Commons <[email address]>

     Subject: Freedom of Information request - petitions to the House of

     Commons

    

     Dear House of Commons,

    

     My FOI query is: would you kindly disclose any information you hold

     on who interprets House Standing Orders where the Speaker is not,

     the office explains, the correct authority.

    

     Although securing response from the Speakers Office, it does not

     address my question so, I restated and submitted it but without

     success.

    

     *The original question concerns presenting petitions to the House:

     What rules or accommodations protect the interest of the petitioner

     and more importantly, the right of the House to receive a petition

     and thus undertake its duty where the petition, being quite in

     order and conforming to prescribed format, does not please the

     constituency MP. The same MP refusing to present it and blocking

     others from doing so.I understand there are two issues here i)

    disciplining the MP, ii) securing the right of the House to receive

     the petition. My question concerns the latter.

    

     Yours faithfully,

     Domenic B

    

     

 

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Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

April 14, 2016

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B
_________________________________________________________________________

From: FOI Commons
House of Commons

24 February 2016

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for information about what rules are in place to protect the interests of a petitioner and to secure the right of the House of Commons to receive petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise a local or an individual issue. Only MPs can present public petitions to the House of Commons, but they are not obliged to do so. The House standing orders do not contain any obligation on MPs to present petitions and there is no redress for an individual who wants their MP to present a public petition if the MP does not want to, therefore the House of Commons does not hold the information you have requested. More information about public petitions can be found on the parliamentary website here: [1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition website. It is possible for individuals to submit petitions which comply with the published terms and conditions on their own initiative, without the co-operation of a MP. More information about e-petitions can be found here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons Petitions Committee which was set up to look at e-petitions submitted on petition.parliament.uk and public (paper) petitions presented to the House of Commons. More information can be found here: [3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to the House of Commons. Alternatively, if you are dissatisfied with the outcome of your request you may ask the House of Commons to conduct an internal review of any decision regarding your request. Complaints or requests for internal review should be addressed to: Information Rights and Information Security Service, Department of HR and Change, House of Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure that you specify the full reasons for your complaint or internal review along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.

Yours sincerely,
Carole Fisher, IRIS Officer, Information Rights and Information Security (IRIS) Service, House of Commons, Third Floor, 7 Millbank, London, SW1P 3JA
Tel: 0207 219 4025, Text Relay: 18001 219 4025

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,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,

 

 

Freedom of Information Request F16-088 Clarification

 

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

 

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

 

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office.  When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester. 
This is to provide as full a response as possible.

 

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.” 

 

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House:   What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition  and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition. 

 

We informed you that this information was not held.  This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them.  The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

 

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House.  It may help you to know that all
Standing Orders are published on the parliamentary website here: 
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

 

We hope this information explains the situation a little better than our
first response.  However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review.  If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make.  You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

 

Yours sincerely,

 

 

         
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

 

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show quoted sections

Dear FOI Commons,

Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,

 

 

Freedom of Information Request F16-088 Further Clarification

 

Thank you for your further email on the subject of petitions.  You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

 

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”.  Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality.  We hope the further clarification below will be of
assistance.

 

This information is also not held by the House of Commons.  There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

 

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy).  Government Ministers are not
permitted to present petitions. 

 

Lastly, members of the public may raise issues directly by starting an
E-petition.  This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament.  Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

 

I hope this information is useful to you, but please let us know if you
require any other information.

 

Yours sincerely,

 

 

         
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

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show quoted sections

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it would be useful to know where one turns. Would you kindly disclose any information you hold which address the same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the House. Would you kindly disclose any information you hold which address the same.

I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_________________________________________________________

8 June 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You indicated that, further to our response stating that no Standing Orders related to the securing of the right of the House to receive a Petition, you also wished to know if there was any other recorded information surrounding this matter.

We understand that you seek information on how the House of Commons may be presented with a petition if a MP is “refusing to present it and blocking others from doing so”. Specifically, you wished to request any information (“rules or accommodations”) which might cover this eventuality. We hope the further clarification below will be of assistance.

This information is also not held by the House of Commons. There are no other recorded rules or accommodations which oblige any Member to present a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition from members of the public, this does not have to be the Member who represents their constituency (although Members are encouraged to inform the constituency MP as a courtesy). Government Ministers are not permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an E-petition. This relies on public support; at 10,000 signatures a response is provided from the government and at 100,000 signatures the petition will be considered for a debate in Parliament. Further information is available on the E-petition website here: [1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you require any other information.

Yours sincerely,
Abigail Richmond
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons

_________________________________________________________

Delivered 7 June 2016

Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read :

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b

Yours sincerely,

domenic b

Yours sincerely,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,

 

 

Freedom of Information Request F16-088 Clarification/query

 

Thank you for your second further email on the subject of petitions,
copied below.  You said that you would like additional information on the
same subject, but could you please clarify what information you require?

 

We have already advised you that only Members of Parliament can present a
petition to the House of Commons.  We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons.  We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.

 

If there is other recorded information which you require, please let us
know and we will try to assist you.  However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

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show quoted sections

September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. And, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect, trash the petition.

Yours sincerely,
domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,    

 

Thank you for your request for information dated 30 September 2016,
received by us on the same date, which is copied below.

 

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 28 October 2016.

 

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

 

Yours sincerely,

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

 

 

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--------------------------------------------------------------------------

 

show quoted sections

FOI Commons, House of Commons

1 Attachment

Dear Mr Bert,

 

 

Freedom of Information Request F16-440

 

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

 

1)  How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

 

This information is held by the House of Commons.

 

The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

 

2)  Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

 

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

 

 

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

 

 

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

 

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

 

Yours sincerely,

 

 

Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[4]cid:image002.jpg@01D02B64.34D76640

Click [5]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

 

 

show quoted sections

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti

 

 

Thank you for your further request for clarification.  You have asked that
the House clarifies its response to your second question as follows:

 

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

 

Information to answer this question is not held by the House of Commons. 
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required.  However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

 

I hope this clarifies our response sufficiently.

 

Yours sincerely,

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

December 10, 2016

Information Rights Manager,
House of Commons,

Dear Information Rights Manager,

Subject, request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Many thanks for your response.

I think it may be better were this matter directed to review.

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

With respect, it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office chooses not to do as charged. If you prefer I formulate this as an FOI query, I'll do so.

With regard to the other point. As a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure form an MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?

Regards

D. Berti

enc. string of correspondence to 2015 given below fyi.

_____________________________________

7 November 2016

FOI Commons,
House of Commons

Dear Mr Berti

Thank you for your further request for clarification. You have asked that
the House clarifies its response to your second question as follows:

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

Information to answer this question is not held by the House of Commons.
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required. However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

I hope this clarifies our response sufficiently.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons
_____________________________________

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

______________________________________

18 July 2016

FOI Commons, House of Commons
Dear Mr Bert,

Freedom of Information Request F16-088 Clarification/query
Thank you for your second further email on the subject of petitions,
copied below. You said that you would like additional information on the
same subject, but could you please clarify what information you require?
We have already advised you that only Members of Parliament can present a
petition to the House of Commons. We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons. We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.
If there is other recorded information which you require, please let us
know and we will try to assist you. However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

_______________________________

16 July 2016

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it would be useful to know where one turns. Would you kindly disclose any information you hold which address the same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the House. Would you kindly disclose any information you hold which address the same. I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_______________________________

8 June 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”. Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality. We hope the further clarification below will be of
assistance.

This information is also not held by the House of Commons. There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy). Government Ministers are not
permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an
E-petition. This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament. Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you
require any other information.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

7 June 2016

Dear FOI Commons,
Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b
______________________________________

19 April 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Clarification

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office. When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester.
This is to provide as full a response as possible.

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.”

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House: What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition.

We informed you that this information was not held. This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them. The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House. It may help you to know that all
Standing Orders are published on the parliamentary website here:
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

We hope this information explains the situation a little better than our
first response. However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review. If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make. You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

Yours sincerely,
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

April 14, 2016

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

______________________________________

24 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue. Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so. The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested. More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition
website. It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP. More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons. More information can be found here:
[3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.
Yours sincerely,

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

11 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely,
Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons
______________________________________

9 February 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
______________________________________

Tue, Dec 29, 2015

FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

______________________________________

28 December 2015

From: domenic b [mailto:[FOI #308442 email]]
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

 

Thank you for your email via the WhatDoTheyKnow website dated 12 December
2016.  We require some clarification before we can take further action.

 

Whilst we are happy to carry out an Internal Review, rather than providing
grounds for your complaint to enable us to verify that handling of your
request was carried out lawfully, you appear to have made two more
requests for information, namely:

 

·         If the Procedure Committee is the designated office, would IRIS
kindly identify what action may be taken when the designated office
chooses not to do as charged.

·         Does there exist case/s where failure of an MP in his duties has
led to the House seeking disclosure of information from the MP?

 

In addition, due to the technical limitations of the WhatDoTheyKnow
website, the entry titled “Petitions to the House of Commons” is a
confusing amalgamation of two separate requests for information (our refs
F16-088 and F16-440) as well as multiple associated queries from yourself
resulting in four clarifications from the House in an attempt to assist.
 This thread started a significant amount of time ago.

 

If your message of 12 December 2016 is a further request for information
as it appears, we will promptly handle this in accordance with our
obligations under the Freedom of Information Act.  However, if this
message is a complaint about how we have handled one of your requests, we
will instead conduct a full Internal Review. 

 

Therefore could you please clarify whether this is a request for
information or for an Internal Review.  If you require an Internal Review,
please state exactly which of our many responses you are unhappy with and
provide the specific reasons why, to enable us to investigate fully.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

Dear FOI Commons,

January 2017

Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons

Dear Sir/Madam,

Thank you for your message.

I believe there should exist a single string of correspondence relating to an original query made December 2015. I'm unclear why two reference numbers exist.

I think it should be recognised that the House seems to have failed to do as it is charged. Consequently, my queries are not particularly 'regular'. Unsurprisingly there's a little reluctance to deal with them. This in turn leads me to rearticulate my queries.

If you're happy to address the query then there's no need for complaint or review. The query, which relates to previous communications, reads:
it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when, the designated office chooses not to do as charged. If you prefer I formulate this as a (new) FOI query, I'll do so.

The second point could be regarded as a new FOI request. It reads:
as a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure from an MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?
As before, if you prefer I formulate this as a (new) FOI query, I'll do so.

F.Y.I. I've included here part the original query presented you December 2015. Its inclusion may help you understand my 'direction':
.....Blocked from petitioning the House.....What rules or accommodations protect the interest of the petitioner and, more importantly, the right of the House to receive a petition and thus undertake its duty where, the petition, being quite in order and conforming to prescribed format, does not please the constituency MP. The same MP refusing to present the petition and blocking others from doing so. I understand there are two issues here i) disciplining the MP, ii) securing the right of the House to receive the petition. My question concerns the latter.....

Regards
D. Berti

enc. string of correspondence to 2015 given below fyi. (the string should be the same as the previous one submitted, Dec 2016)

__________________________________

12 December 2016
FOI Commons, House of Commons
1 Attachment

Dear Mr Berti,

Thank you for your email via the WhatDoTheyKnow website dated 12 December 2016. We require some clarification before we can take further action.

Whilst we are happy to carry out an Internal Review, rather than providing grounds for your complaint to enable us to verify that handling of your request was carried out lawfully, you appear to have made two more requests for information, namely:

· If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office
chooses not to do as charged.

· Does there exist case/s where failure of an MP in his duties has led to the House seeking disclosure of information from the MP?

In addition, due to the technical limitations of the WhatDoTheyKnow website, the entry titled “Petitions to the House of Commons” is a
confusing amalgamation of two separate requests for information (our refs F16-088 and F16-440) as well as multiple associated queries from yourself resulting in four clarifications from the House in an attempt to assist.

This thread started a significant amount of time ago.

If your message of 12 December 2016 is a further request for information as it appears, we will promptly handle this in accordance with our
obligations under the Freedom of Information Act. However, if this message is a complaint about how we have handled one of your requests, we
will instead conduct a full Internal Review.

Therefore could you please clarify whether this is a request for information or for an Internal Review. If you require an Internal Review,
please state exactly which of our many responses you are unhappy with and provide the specific reasons why, to enable us to investigate fully.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons

[1]cid:image002.jpg@01D02B64.34D76640

__________________________________

December 10, 2016

Information Rights Manager,
House of Commons,

Dear Information Rights Manager,

Subject, request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Many thanks for your response.

I think it may be better were this matter directed to review.

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

With respect, it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office chooses not to do as charged. If you prefer I formulate this as an FOI query, I'll do so.

With regard to the other point. As a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure form from MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?

Regards

D. Berti

enc. string of correspondence to 2015 given below fyi.

_____________________________________

7 November 2016

FOI Commons,
House of Commons

Dear Mr Berti

Thank you for your further request for clarification. You have asked that
the House clarifies its response to your second question as follows:

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

Information to answer this question is not held by the House of Commons.
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required. However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

I hope this clarifies our response sufficiently.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons
_____________________________________

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

______________________________________

18 July 2016

FOI Commons, House of Commons
Dear Mr Bert,

Freedom of Information Request F16-088 Clarification/query
Thank you for your second further email on the subject of petitions,
copied below. You said that you would like additional information on the
same subject, but could you please clarify what information you require?
We have already advised you that only Members of Parliament can present a
petition to the House of Commons. We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons. We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.
If there is other recorded information which you require, please let us
know and we will try to assist you. However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

_______________________________

16 July 2016

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there
are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it
would be useful to know where one turns. Would you kindly disclose any information you hold which address the
same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency
MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the
House. Would you kindly disclose any information you hold which address the same.
I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_______________________________

8 June 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”. Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality. We hope the further clarification below will be of
assistance.

This information is also not held by the House of Commons. There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy). Government Ministers are not
permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an
E-petition. This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament. Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you
require any other information.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

7 June 2016

Dear FOI Commons,
Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b
______________________________________

19 April 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Clarification

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office. When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester.
This is to provide as full a response as possible.

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.”

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House: What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition.

We informed you that this information was not held. This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them. The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House. It may help you to know that all
Standing Orders are published on the parliamentary website here:
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

We hope this information explains the situation a little better than our
first response. However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review. If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make. You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

Yours sincerely,
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

April 14, 2016

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

______________________________________

24 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue. Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so. The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested. More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition
website. It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP. More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons. More information can be found here:
[3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.
Yours sincerely,

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

11 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely,
Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons
______________________________________

9 February 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
______________________________________

Tue, Dec 29, 2015

FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

______________________________________

28 December 2015

From: domenic b [mailto:[FOI #308442 email]]
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

Yours sincerely,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

 

Thank you for your further clarification.  Please note that each request
for new information is treated as a new FOI request.  This is to ensure
that it is answered promptly and within the 20 working day deadline laid
down in the FOI Act.  The technical limitations of the WhatDoTheyKnow?
website allows requesters to extend long chains of requests, which can be
confusing and unhelpful when dealing with historical and/or multiple
queries.

 

This being said, we are happy to address your outstanding query which we
understand to be “[in relation to previous communications] it is not open
for me to redirect this matter back to an office previously visited. If
the Procedure Committee is the designated office, would IRIS kindly
identify what action may be taken, when the designated office chooses not
to do as charged.”

 

Your previous communications concerned a Member of Parliament who refused
to present your petition to the House of Commons.  We advised you that
there were no rules or procedures which obliged a Member to do so, or that
“secured the right of the House of Commons to receive a petition”.  You
also asked how you could challenge this ‘oversight’ and we advised you
that your only recourse to change the rules was the Procedure Committee,
which considers the practice and procedure of the House in the conduct of
public business. 

If you wish to make a case for a change in the rules relating to the
presentation of Petitions, you should contact the Procedure Committee at
[1][email address].  Once you have done so, and if you are still
dissatisfied with their service, you may take further action by formally
complaining to the House of Commons.  Details of our complaints procedure
are available here: 
[2]http://www.parliament.uk/business/common....

 

Lastly, you mentioned that you wished to ask for new information from the
House of Commons.  To prevent the confusion already experienced, we would
be very grateful if you could raise this as a new request on the website,
or send it to us directly at [3][House of Commons request email].  We can then
acknowledge this as a new request and ensure that you get a prompt
response.

 

Yours sincerely,

 

 

         
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

[4]cid:image002.jpg@01D02B64.34D76640

Click [5]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

March 7, 2017
Abigail Richmond,
Information Rights Manager

Dear Ms Richmond,
Many thanks for your message.

I do not think I'm in any position to make a 'case for a change in the rules'. And, given the considerable correspondence with the House, I should imagine at least one or two of my correspondence were viewed as a 'complaint'. Would a 'formal complaint' be received by the same office, or officers, which previously handled the matter? I'd imagine, it's not so much 'the complaints procedure' one should follow rather, it's identifying someone who wishes to kindly assist.

I'll await response before choosing to submit new FOI query

Kind regards
D. Berti

___________________________________________

2 February 2017
FOI Commons, House of Commons

Dear Mr Berti,

Thank you for your further clarification. Please note that each request
for new information is treated as a new FOI request. This is to ensure
that it is answered promptly and within the 20 working day deadline laid
down in the FOI Act. The technical limitations of the WhatDoTheyKnow?
website allows requesters to extend long chains of requests, which can be
confusing and unhelpful when dealing with historical and/or multiple
queries.

This being said, we are happy to address your outstanding query which we
understand to be “[in relation to previous communications] it is not open
for me to redirect this matter back to an office previously visited. If
the Procedure Committee is the designated office, would IRIS kindly
identify what action may be taken, when the designated office chooses not
to do as charged.”

Your previous communications concerned a Member of Parliament who refused
to present your petition to the House of Commons. We advised you that
there were no rules or procedures which obliged a Member to do so, or that
“secured the right of the House of Commons to receive a petition”. You
also asked how you could challenge this ‘oversight’ and we advised you
that your only recourse to change the rules was the Procedure Committee,
which considers the practice and procedure of the House in the conduct of
public business.

If you wish to make a case for a change in the rules relating to the
presentation of Petitions, you should contact the Procedure Committee at
[1][email address]. Once you have done so, and if you are still
dissatisfied with their service, you may take further action by formally
complaining to the House of Commons. Details of our complaints procedure
are available here:
[2]http://www.parliament.uk/business/common....

Lastly, you mentioned that you wished to ask for new information from the
House of Commons. To prevent the confusion already experienced, we would
be very grateful if you could raise this as a new request on the website,
or send it to us directly at [3][House of Commons request email]. We can then
acknowledge this as a new request and ensure that you get a prompt
response.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Fifth Floor, 14 Tothill St, London SW1H 9NB

_______________________________

From: domenic b
Sent: 27 January 2017 14:03
To: FOI Commons
Subject: Re: FW: Internal review of Freedom of Information request -
petitions to the House of Commons
January 2017

Information Rights Manager
Information Rights and Information Security (IRIS) Service House of Commons

Dear Sir/Madam,

Thank you for your message.

I believe there should exist a single string of correspondence relating to
an original query made December 2015. I'm unclear why two reference
numbers exist.

I think it should be recognised the House seems to have failed to do
as it is charged. Consequently, my queries are not particularly 'regular'.
Unsurprisingly there's a little reluctance to deal with them. This in turn
leads me to rearticulate my queries.

If you're happy to address the query then there's no need for complaint or
review. The query, which relates to previous communications, reads:
it is not open for me to redirect this matter back to an office previously
visited. If the Procedure Committee is the designated office, would IRIS
kindly identify what action may be taken when, the designated office
chooses not to do as charged. If you prefer I formulate this as a (new)
FOI query, I'll do so.

The second point could be regarded as a new FOI request. It reads:
as a court of law, I understand the House can order disclosure of
information in the process of enquiry or investigation. I understand the
House can order disclosure from an MP, whether or not the MP prefers to
divulge the information. Does there exist case/s where failure of an MP in
his duties has lead to the House seeking disclosure of information from
the MP?

As before, if you prefer I formulate this as a (new) FOI query, I'll do
so.

F.Y.I. I've included here part the original query presented you December
2015. Its inclusion may help you understand my 'direction':

.....Blocked from petitioning the House.....What rules or accommodations
protect the interest of the petitioner and, more importantly, the right of
the House to receive a petition and thus undertake its duty where, the
petition, being quite in order and conforming to prescribed format, does
not please the constituency MP. The same MP refusing to present the
petition and blocking others from doing so. I understand there are two
issues here i) disciplining the MP, ii) securing the right of the House to
receive the petition. My question concerns the latter.....

Regards
D. Berti

enc. string of correspondence to 2015 given below fyi. (the string should be the same as the previous one submitted, Dec 2016)
__________________________________

12 December 2016
FOI Commons, House of Commons
1 Attachment

Dear Mr Berti,

Thank you for your email via the WhatDoTheyKnow website dated 12 December 2016. We require some clarification before we can take further action.

Whilst we are happy to carry out an Internal Review, rather than providing grounds for your complaint to enable us to verify that handling of your request was carried out lawfully, you appear to have made two more requests for information, namely:

· If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office
chooses not to do as charged.

· Does there exist case/s where failure of an MP in his duties has led to the House seeking disclosure of information from the MP?

In addition, due to the technical limitations of the WhatDoTheyKnow website, the entry titled “Petitions to the House of Commons” is a
confusing amalgamation of two separate requests for information (our refs F16-088 and F16-440) as well as multiple associated queries from yourself resulting in four clarifications from the House in an attempt to assist.

This thread started a significant amount of time ago.

If your message of 12 December 2016 is a further request for information as it appears, we will promptly handle this in accordance with our
obligations under the Freedom of Information Act. However, if this message is a complaint about how we have handled one of your requests, we
will instead conduct a full Internal Review.

Therefore could you please clarify whether this is a request for information or for an Internal Review. If you require an Internal Review,
please state exactly which of our many responses you are unhappy with and provide the specific reasons why, to enable us to investigate fully.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons

[1]cid:image002.jpg@01D02B64.34D76640

__________________________________

December 10, 2016

Information Rights Manager,
House of Commons,

Dear Information Rights Manager,

Subject, request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Many thanks for your response.

I think it may be better were this matter directed to review.

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

With respect, it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office chooses not to do as charged. If you prefer I formulate this as an FOI query, I'll do so.

With regard to the other point. As a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure form from MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?

Regards

D. Berti

enc. string of correspondence to 2015 given below fyi.

_____________________________________

7 November 2016

FOI Commons,
House of Commons

Dear Mr Berti

Thank you for your further request for clarification. You have asked that
the House clarifies its response to your second question as follows:

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

Information to answer this question is not held by the House of Commons.
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required. However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

I hope this clarifies our response sufficiently.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons
_____________________________________

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

______________________________________

18 July 2016

FOI Commons, House of Commons
Dear Mr Bert,

Freedom of Information Request F16-088 Clarification/query
Thank you for your second further email on the subject of petitions,
copied below. You said that you would like additional information on the
same subject, but could you please clarify what information you require?
We have already advised you that only Members of Parliament can present a
petition to the House of Commons. We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons. We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.
If there is other recorded information which you require, please let us
know and we will try to assist you. However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

_______________________________

16 July 2016

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there
are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it
would be useful to know where one turns. Would you kindly disclose any information you hold which address the
same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency
MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the
House. Would you kindly disclose any information you hold which address the same.
I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_______________________________

8 June 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”. Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality. We hope the further clarification below will be of
assistance.

This information is also not held by the House of Commons. There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy). Government Ministers are not
permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an
E-petition. This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament. Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you
require any other information.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

7 June 2016

Dear FOI Commons,
Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b
______________________________________

19 April 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Clarification

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office. When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester.
This is to provide as full a response as possible.

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.”

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House: What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition.

We informed you that this information was not held. This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them. The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House. It may help you to know that all
Standing Orders are published on the parliamentary website here:
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

We hope this information explains the situation a little better than our
first response. However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review. If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make. You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

Yours sincerely,
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

April 14, 2016

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

______________________________________

24 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue. Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so. The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested. More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition
website. It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP. More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons. More information can be found here:
[3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.
Yours sincerely,

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

11 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely,
Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons
______________________________________

9 February 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
______________________________________

Tue, Dec 29, 2015

FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

______________________________________

28 December 2015

From: domenic b [mailto:[FOI #308442 email]]
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

Yours sincerely,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

 

Thank you for your enquiry about complaints procedures at the House of
Commons.  I am happy to provide more details which may hopefully help with
your further contacts with the House.

 

There are different routes to communicate with the House of Commons,
depending on what you wish to achieve.  All of this information is
available on our website but, to be helpful, I can summarise what might be
the most relevant routes for you here:

 

 

IF YOU WISH TO ACCESS RECORDED INFORMATION HELD BY ANY PART OF THE HOUSE
OF COMMONS:

·         Please email:                           
[1][House of Commons request email]

·         This will be handled by:            The Information Rights and
Information Security (IRIS) Service

·         For more information:              
[2]http://www.parliament.uk/site-informatio...

·         Please note:                             A FOI request only
entitles a requester to access recorded information held by the House. 
The House is not obliged to provide explanations or analyses unless they
are recorded.  The FOI Act does not oblige the House to take action as a
result of a request.

 

 

IF YOU WISH TO COMPLAIN ABOUT HOW WE HAVE HANDLED YOUR FOI REQUEST:

·         Please email:                           
[3][House of Commons request email]

·         This will be handled by:            If informal clarification
does not resolve the complaint, an Internal Review will be carried out by
a senior manager

·         For more information:              
[4]http://www.parliament.uk/site-informatio...

·         Please note:                             The only purpose of an
Internal Review is to check the handling of a FOI request.   This includes
checking that the House has complied with the FOI Act (for example,
checking if a response has been provided within the statutory time limit).
In addition, a review checks that the response accurately provides the
recorded information held and/or that any exemptions have been lawfully
applied.

An Internal Review cannot force the House to take action on your specific
Member complaint, nor does it oblige us to raise or highlight an issue
with them, or another team.

 

 

IF YOU WISH TO REQUEST A CHANGE IN THE PROCEDURES OF THE HOUSE OF COMMONS:

·         Please email:                           
[5][email address]

·         This will be handled by:            Procedure Committee staff

·         For more information:              
[6]http://www.parliament.uk/business/commit...

·         Please note:                             Staff can only deal
with matters related to the practice and procedures of the House in the
conduct of public business.  They cannot assist or comment on specific
complaints or individual issues.

 

 

IF YOU WISH TO PROVIDE FEEDBACK TO THE HOUSE OF COMMONS (INCLUDING
ESCALATING AN ISSUE WITH A MEMBER OF STAFF OR A HOUSE TEAM):

·         Please email:                           
[7][email address]

·         This will be handled by:            The Governance Team

·         For more information:              
[8]http://www.parliament.uk/business/common...

·         Please note:                             The team can only
accept feedback relating to the administration of the House of Commons.
This does NOT include feedback or complaints about Members of Parliament,
political parties, the Government or the House of Lords.

 

 

IF YOU WISH TO COMPLAIN THAT A MEMBER OF PARLIAMENT HAS BREACHED THE RULES
SET OUT IN THE MEMBERS’ CODE OF CONDUCT:

·         Please email:                           
[9][email address]

·         This will be handled by:            The office of the
Parliamentary Commissioner for Standards

·         For more information:              
[10]http://www.parliament.uk/mps-lords-and-o...

·         Please note:                             The Commissioner can
only investigate allegations that a named Member has breached the rules of
conduct set out in [11]paragraph 10-16 of the Code of Conduct.  The
Commissioner cannot decide whether a Member has broken the law nor can she
decide whether a Member has breached the rules of another organisation.

 

 

I hope this information is useful to you.  As previously discussed, if you
wish to submit another request for recorded information held by the House
of Commons, please email [12][House of Commons request email], or submit a new
request via the WhatDoTheyKnow? website.

 

Yours sincerely,

 

 

         
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[13]cid:image002.jpg@01D02B64.34D76640

Click [14]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

April 10, 2017

Dear FOI House of Commons

subject: petitions to the House of Commons.

Again, many thanks for your message.

I'm afraid I remain a little unclear. As I say, ....it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken, when the designated office chooses not to do as charged....

Would you kindly confirm one of your identified complaint routes is competent to deal with the above. That you prefer, I'll reformat this as an FOI query.

With regard to the other matter. As noted in my last email. I'll await response before submitting a new FOI query. (F.Y.I. it reads: as a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure from an MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?)

Regards
D. Berti

p.s. the string of messages attached is copied from the website and not checked against original.

_____________________________________________

FOI Commons, House of Commons 9 March 2017
1 Attachment

Dear Mr Berti,

Thank you for your enquiry about complaints procedures at the House of
Commons. I am happy to provide more details which may hopefully help with
your further contacts with the House.

There are different routes to communicate with the House of Commons,
depending on what you wish to achieve. All of this information is
available on our website but, to be helpful, I can summarise what might be
the most relevant routes for you here:

- IF YOU WISH TO ACCESS RECORDED INFORMATION HELD BY ANY PART OF THE HOUSE
OF COMMONS:
· Please email:
[1][House of Commons request email]
· This will be handled by: The Information Rights and
Information Security (IRIS) Service
· For more information:
[2]http://www.parliament.uk/site-informatio...
· Please note: A FOI request only
entitles a requester to access recorded information held by the House.
The House is not obliged to provide explanations or analyses unless they
are recorded. The FOI Act does not oblige the House to take action as a
result of a request.
- IF YOU WISH TO COMPLAIN ABOUT HOW WE HAVE HANDLED YOUR FOI REQUEST:
· Please email:
[3][House of Commons request email]
· This will be handled by: If informal clarification
does not resolve the complaint, an Internal Review will be carried out by
a senior manager
· For more information:
[4]http://www.parliament.uk/site-informatio...
· Please note: The only purpose of an
Internal Review is to check the handling of a FOI request. This includes
checking that the House has complied with the FOI Act (for example,
checking if a response has been provided within the statutory time limit).
In addition, a review checks that the response accurately provides the
recorded information held and/or that any exemptions have been lawfully
applied.
An Internal Review cannot force the House to take action on your specific
Member complaint, nor does it oblige us to raise or highlight an issue
with them, or another team.
- IF YOU WISH TO REQUEST A CHANGE IN THE PROCEDURES OF THE HOUSE OF COMMONS:
· Please email:
[5][email address]
· This will be handled by: Procedure Committee staff
· For more information:
[6]http://www.parliament.uk/business/commit...
· Please note: Staff can only deal
with matters related to the practice and procedures of the House in the
conduct of public business. They cannot assist or comment on specific
complaints or individual issues.
- IF YOU WISH TO PROVIDE FEEDBACK TO THE HOUSE OF COMMONS (INCLUDING
ESCALATING AN ISSUE WITH A MEMBER OF STAFF OR A HOUSE TEAM):
· Please email:
[7][email address]
· This will be handled by: The Governance Team
· For more information:
[8]http://www.parliament.uk/business/common...
· Please note: The team can only
accept feedback relating to the administration of the House of Commons.
This does NOT include feedback or complaints about Members of Parliament,
political parties, the Government or the House of Lords.
- IF YOU WISH TO COMPLAIN THAT A MEMBER OF PARLIAMENT HAS BREACHED THE RULES
SET OUT IN THE MEMBERS’ CODE OF CONDUCT:
· Please email:
[9][email address]
· This will be handled by: The office of the
Parliamentary Commissioner for Standards
· For more information:
[10]http://www.parliament.uk/mps-lords-and-o...
· Please note: The Commissioner can
only investigate allegations that a named Member has breached the rules of
conduct set out in [11]paragraph 10-16 of the Code of Conduct. The
Commissioner cannot decide whether a Member has broken the law nor can she
decide whether a Member has breached the rules of another organisation.
I hope this information is useful to you. As previously discussed, if you
wish to submit another request for recorded information held by the House
of Commons, please email [12][House of Commons request email], or submit a new
request via the WhatDoTheyKnow? website.
Yours sincerely,
Abigail Richmond
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons

_____________________________________________

March 7, 2017
Abigail Richmond,
Information Rights Manager

Dear Ms Richmond,

Many thanks for your message.

I do not think I'm in any position to make a 'case for a change in the rules'. And, given the considerable correspondence with the House, I should imagine at least one or two of my correspondence were viewed as a 'complaint'. Would a 'formal complaint' be received by the same office, or officers, which previously handled this matter? I'd imagine, it's not so much 'the complaints procedure' one should follow rather, it's identifying someone who wishes to kindly assist.

I'll await response before submitting new FOI query

Regards
D. Berti

___________________________________________

2 February 2017
FOI Commons, House of Commons

Dear Mr Berti,

Thank you for your further clarification. Please note that each request
for new information is treated as a new FOI request. This is to ensure
that it is answered promptly and within the 20 working day deadline laid
down in the FOI Act. The technical limitations of the WhatDoTheyKnow?
website allows requesters to extend long chains of requests, which can be
confusing and unhelpful when dealing with historical and/or multiple
queries.

This being said, we are happy to address your outstanding query which we
understand to be “[in relation to previous communications] it is not open
for me to redirect this matter back to an office previously visited. If
the Procedure Committee is the designated office, would IRIS kindly
identify what action may be taken, when the designated office chooses not
to do as charged.”

Your previous communications concerned a Member of Parliament who refused
to present your petition to the House of Commons. We advised you that
there were no rules or procedures which obliged a Member to do so, or that
“secured the right of the House of Commons to receive a petition”. You
also asked how you could challenge this ‘oversight’ and we advised you
that your only recourse to change the rules was the Procedure Committee,
which considers the practice and procedure of the House in the conduct of
public business.

If you wish to make a case for a change in the rules relating to the
presentation of Petitions, you should contact the Procedure Committee at
[1][email address]. Once you have done so, and if you are still
dissatisfied with their service, you may take further action by formally
complaining to the House of Commons. Details of our complaints procedure
are available here:
[2]http://www.parliament.uk/business/common....

Lastly, you mentioned that you wished to ask for new information from the
House of Commons. To prevent the confusion already experienced, we would
be very grateful if you could raise this as a new request on the website,
or send it to us directly at [3][House of Commons request email]. We can then
acknowledge this as a new request and ensure that you get a prompt
response.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Fifth Floor, 14 Tothill St, London SW1H 9NB

_______________________________

From: domenic b
Sent: 27 January 2017 14:03
To: FOI Commons
Subject: Re: FW: Internal review of Freedom of Information request -
petitions to the House of Commons
January 2017

Information Rights Manager
Information Rights and Information Security (IRIS) Service House of Commons

Dear Sir/Madam,

Thank you for your message.

I believe there should exist a single string of correspondence relating to
an original query made December 2015. I'm unclear why two reference
numbers exist.

I think it should be recognised the House seems to have failed to do
as it is charged. Consequently, my queries are not particularly 'regular'.
Unsurprisingly there's a little reluctance to deal with them. This in turn
leads me to rearticulate my queries.

If you're happy to address the query then there's no need for complaint or
review. The query, which relates to previous communications, reads:
it is not open for me to redirect this matter back to an office previously
visited. If the Procedure Committee is the designated office, would IRIS
kindly identify what action may be taken when, the designated office
chooses not to do as charged. If you prefer I formulate this as a (new)
FOI query, I'll do so.

The second point could be regarded as a new FOI request. It reads:
as a court of law, I understand the House can order disclosure of
information in the process of enquiry or investigation. I understand the
House can order disclosure from an MP, whether or not the MP prefers to
divulge the information. Does there exist case/s where failure of an MP in
his duties has lead to the House seeking disclosure of information from
the MP?

As before, if you prefer I formulate this as a (new) FOI query, I'll do
so.

F.Y.I. I've included here part the original query presented you December
2015. Its inclusion may help you understand my 'direction':

.....Blocked from petitioning the House.....What rules or accommodations
protect the interest of the petitioner and, more importantly, the right of
the House to receive a petition and thus undertake its duty where, the
petition, being quite in order and conforming to prescribed format, does
not please the constituency MP. The same MP refusing to present the
petition and blocking others from doing so. I understand there are two
issues here i) disciplining the MP, ii) securing the right of the House to
receive the petition. My question concerns the latter.....

Regards
D. Berti

enc. string of correspondence to 2015 given below fyi. (the string should be the same as the previous one submitted, Dec 2016)
__________________________________

12 December 2016
FOI Commons, House of Commons
1 Attachment

Dear Mr Berti,

Thank you for your email via the WhatDoTheyKnow website dated 12 December 2016. We require some clarification before we can take further action.

Whilst we are happy to carry out an Internal Review, rather than providing grounds for your complaint to enable us to verify that handling of your request was carried out lawfully, you appear to have made two more requests for information, namely:

· If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office
chooses not to do as charged.

· Does there exist case/s where failure of an MP in his duties has led to the House seeking disclosure of information from the MP?

In addition, due to the technical limitations of the WhatDoTheyKnow website, the entry titled “Petitions to the House of Commons” is a
confusing amalgamation of two separate requests for information (our refs F16-088 and F16-440) as well as multiple associated queries from yourself resulting in four clarifications from the House in an attempt to assist.

This thread started a significant amount of time ago.

If your message of 12 December 2016 is a further request for information as it appears, we will promptly handle this in accordance with our
obligations under the Freedom of Information Act. However, if this message is a complaint about how we have handled one of your requests, we
will instead conduct a full Internal Review.

Therefore could you please clarify whether this is a request for information or for an Internal Review. If you require an Internal Review,
please state exactly which of our many responses you are unhappy with and provide the specific reasons why, to enable us to investigate fully.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons

[1]cid:image002.jpg@01D02B64.34D76640

__________________________________

December 10, 2016

Information Rights Manager,
House of Commons,

Dear Information Rights Manager,

Subject, request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Many thanks for your response.

I think it may be better were this matter directed to review.

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

With respect, it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office chooses not to do as charged. If you prefer I formulate this as an FOI query, I'll do so.

With regard to the other point. As a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure form from MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?

Regards

D. Berti

enc. string of correspondence to 2015 given below fyi.

_____________________________________

7 November 2016

FOI Commons,
House of Commons

Dear Mr Berti

Thank you for your further request for clarification. You have asked that
the House clarifies its response to your second question as follows:

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

Information to answer this question is not held by the House of Commons.
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required. However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

I hope this clarifies our response sufficiently.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons
_____________________________________

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

______________________________________

18 July 2016

FOI Commons, House of Commons
Dear Mr Bert,

Freedom of Information Request F16-088 Clarification/query
Thank you for your second further email on the subject of petitions,
copied below. You said that you would like additional information on the
same subject, but could you please clarify what information you require?
We have already advised you that only Members of Parliament can present a
petition to the House of Commons. We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons. We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.
If there is other recorded information which you require, please let us
know and we will try to assist you. However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

_______________________________

16 July 2016

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there
are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it
would be useful to know where one turns. Would you kindly disclose any information you hold which address the
same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency
MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the
House. Would you kindly disclose any information you hold which address the same.
I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_______________________________

8 June 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”. Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality. We hope the further clarification below will be of
assistance.

This information is also not held by the House of Commons. There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy). Government Ministers are not
permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an
E-petition. This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament. Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you
require any other information.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

7 June 2016

Dear FOI Commons,
Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b
______________________________________

19 April 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Clarification

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office. When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester.
This is to provide as full a response as possible.

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.”

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House: What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition.

We informed you that this information was not held. This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them. The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House. It may help you to know that all
Standing Orders are published on the parliamentary website here:
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

We hope this information explains the situation a little better than our
first response. However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review. If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make. You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

Yours sincerely,
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

April 14, 2016

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

______________________________________

24 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue. Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so. The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested. More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition
website. It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP. More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons. More information can be found here:
[3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.
Yours sincerely,

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

11 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely,
Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons
______________________________________

9 February 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
______________________________________

Tue, Dec 29, 2015

FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

______________________________________

28 December 2015

From: domenic b [mailto:[FOI #308442 email]]
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

Yours sincerely,

domenic b

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

 

Thank you for your enquiry.  I will try to make our position as clear as
possible.

 

It is entirely up to the Procedure Committee to decide which rules to
review.  They may consider suggestions from members of the public, but
they may not be ‘charged’ or instructed in the manner you suggest.  This
is absolute and there is no further appeal or complaint that can be made.

 

If you are dissatisfied with an administrative matter, such as the way you
have been treated by the Procedure Committee Office (for example, a member
of staff was rude, or you did not receive an answer to an enquiry), you
may complain to the Governance Team.  These contact details have already
been supplied to you.

 

Your query about disclosures from a Member of Parliament is a new request
for information and as so, we would greatly appreciate you submitting a
new, separate request.  This is to prevent the confusion that has
previously arisen from the technical limitations of the ‘WhatDoTheyKnow?’
website.

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[1]cid:image002.jpg@01D02B64.34D76640

Click [2]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

May 2017

Dear FOI Commons,

If the Procedures Committee is not charged with considering such complaints then clearly it's not the correct office and I should not be directed there. Given that it's not the correct office, you've yet to identify the correct one. My FOI query does not concern conduct of the Procedures Committee. I've copied my query here:

....What rules or accommodations protect the interest of the petitioner and, more importantly, the right of the House to receive a petition, thus undertake its duty where, the petition, being quite in order and conforming to prescribed format, does not please the constituency MP. The same MP refusing to present the petition and blocking others from doing so. I understand there are two issues here i) disciplining the MP, ii) securing the right of the House to receive the petition. My question concerns the latter..... (Part the original 2015 FOI query - Blocked from petitioning the House)

I believe the House would wish to receive my Petition. It is not up to a member of Parliament to undermine parliamentary procedures to serve his/her own interests.

There is a second FOI query, identified in my message of January 2017. I may choose to submit it later as a new query but its not part of this one.

Regards,

D. Berti

enc. string of messages to December 2015

___________________________

12 April 2017
FOI Commons, House of Commons

Dear Mr Berti,

Thank you for your enquiry. I will try to make our position as clear as
possible.

It is entirely up to the Procedure Committee to decide which rules to
review. They may consider suggestions from members of the public, but
they may not be ‘charged’ or instructed in the manner you suggest. This
is absolute and there is no further appeal or complaint that can be made.

If you are dissatisfied with an administrative matter, such as the way you
have been treated by the Procedure Committee Office (for example, a member
of staff was rude, or you did not receive an answer to an enquiry), you
may complain to the Governance Team. These contact details have already
been supplied to you.

Your query about disclosures from a Member of Parliament is a new request
for information and as so, we would greatly appreciate you submitting a
new, separate request. This is to prevent the confusion that has
previously arisen from the technical limitations of the ‘WhatDoTheyKnow?’
website.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons

_________________________________

March 7, 2017
Abigail Richmond,
Information Rights Manager

Dear Ms Richmond,

Many thanks for your message.

I do not think I'm in any position to make a 'case for a change in the rules'. And, given the considerable correspondence with the House, I should imagine at least one or two of my correspondence were viewed as a 'complaint'. Would a 'formal complaint' be received by the same office, or officers, which previously handled this matter? I'd imagine, it's not so much 'the complaints procedure' one should follow rather, it's identifying someone who wishes to kindly assist.

I'll await response before submitting new FOI query

Regards
D. Berti

___________________________________________

2 February 2017
FOI Commons, House of Commons

Dear Mr Berti,

Thank you for your further clarification. Please note that each request
for new information is treated as a new FOI request. This is to ensure
that it is answered promptly and within the 20 working day deadline laid
down in the FOI Act. The technical limitations of the WhatDoTheyKnow?
website allows requesters to extend long chains of requests, which can be
confusing and unhelpful when dealing with historical and/or multiple
queries.

This being said, we are happy to address your outstanding query which we
understand to be “[in relation to previous communications] it is not open
for me to redirect this matter back to an office previously visited. If
the Procedure Committee is the designated office, would IRIS kindly
identify what action may be taken, when the designated office chooses not
to do as charged.”

Your previous communications concerned a Member of Parliament who refused
to present your petition to the House of Commons. We advised you that
there were no rules or procedures which obliged a Member to do so, or that
“secured the right of the House of Commons to receive a petition”. You
also asked how you could challenge this ‘oversight’ and we advised you
that your only recourse to change the rules was the Procedure Committee,
which considers the practice and procedure of the House in the conduct of
public business.

If you wish to make a case for a change in the rules relating to the
presentation of Petitions, you should contact the Procedure Committee at
[1][email address]. Once you have done so, and if you are still
dissatisfied with their service, you may take further action by formally
complaining to the House of Commons. Details of our complaints procedure
are available here:
[2]http://www.parliament.uk/business/common....

Lastly, you mentioned that you wished to ask for new information from the
House of Commons. To prevent the confusion already experienced, we would
be very grateful if you could raise this as a new request on the website,
or send it to us directly at [3][House of Commons request email]. We can then
acknowledge this as a new request and ensure that you get a prompt
response.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Fifth Floor, 14 Tothill St, London SW1H 9NB

_______________________________

From: domenic b
Sent: 27 January 2017 14:03
To: FOI Commons
Subject: Re: FW: Internal review of Freedom of Information request -
petitions to the House of Commons
January 2017

Information Rights Manager
Information Rights and Information Security (IRIS) Service House of Commons

Dear Sir/Madam,

Thank you for your message.

I believe there should exist a single string of correspondence relating to
an original query made December 2015. I'm unclear why two reference
numbers exist.

I think it should be recognised the House seems to have failed to do
as it is charged. Consequently, my queries are not particularly 'regular'.
Unsurprisingly there's a little reluctance to deal with them. This in turn
leads me to rearticulate my queries.

If you're happy to address the query then there's no need for complaint or
review. The query, which relates to previous communications, reads:
it is not open for me to redirect this matter back to an office previously
visited. If the Procedure Committee is the designated office, would IRIS
kindly identify what action may be taken when, the designated office
chooses not to do as charged. If you prefer I formulate this as a (new)
FOI query, I'll do so.

The second point could be regarded as a new FOI request. It reads:
as a court of law, I understand the House can order disclosure of
information in the process of enquiry or investigation. I understand the
House can order disclosure from an MP, whether or not the MP prefers to
divulge the information. Does there exist case/s where failure of an MP in
his duties has lead to the House seeking disclosure of information from
the MP?

As before, if you prefer I formulate this as a (new) FOI query, I'll do
so.

F.Y.I. I've included here part the original query presented you December
2015. Its inclusion may help you understand my 'direction':

.....Blocked from petitioning the House.....What rules or accommodations
protect the interest of the petitioner and, more importantly, the right of
the House to receive a petition and thus undertake its duty where, the
petition, being quite in order and conforming to prescribed format, does
not please the constituency MP. The same MP refusing to present the
petition and blocking others from doing so. I understand there are two
issues here i) disciplining the MP, ii) securing the right of the House to
receive the petition. My question concerns the latter.....

Regards
D. Berti

enc. string of correspondence to 2015 given below fyi. (the string should be the same as the previous one submitted, Dec 2016)
__________________________________

12 December 2016
FOI Commons, House of Commons
1 Attachment

Dear Mr Berti,

Thank you for your email via the WhatDoTheyKnow website dated 12 December 2016. We require some clarification before we can take further action.

Whilst we are happy to carry out an Internal Review, rather than providing grounds for your complaint to enable us to verify that handling of your request was carried out lawfully, you appear to have made two more requests for information, namely:

· If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office
chooses not to do as charged.

· Does there exist case/s where failure of an MP in his duties has led to the House seeking disclosure of information from the MP?

In addition, due to the technical limitations of the WhatDoTheyKnow website, the entry titled “Petitions to the House of Commons” is a
confusing amalgamation of two separate requests for information (our refs F16-088 and F16-440) as well as multiple associated queries from yourself resulting in four clarifications from the House in an attempt to assist.

This thread started a significant amount of time ago.

If your message of 12 December 2016 is a further request for information as it appears, we will promptly handle this in accordance with our
obligations under the Freedom of Information Act. However, if this message is a complaint about how we have handled one of your requests, we
will instead conduct a full Internal Review.

Therefore could you please clarify whether this is a request for information or for an Internal Review. If you require an Internal Review,
please state exactly which of our many responses you are unhappy with and provide the specific reasons why, to enable us to investigate fully.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of Commons

[1]cid:image002.jpg@01D02B64.34D76640

__________________________________

December 10, 2016

Information Rights Manager,
House of Commons,

Dear Information Rights Manager,

Subject, request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Many thanks for your response.

I think it may be better were this matter directed to review.

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

With respect, it is not open for me to redirect this matter back to an office previously visited. If the Procedure Committee is the designated office, would IRIS kindly identify what action may be taken when the designated office chooses not to do as charged. If you prefer I formulate this as an FOI query, I'll do so.

With regard to the other point. As a court of law, I understand the House can order disclosure of information in the process of enquiry or investigation. I understand the House can order disclosure form from MP, whether or not the MP prefers to divulge the information. Does there exist case/s where failure of an MP in his duties has lead to the House seeking disclosure of information from the MP?

Regards

D. Berti

enc. string of correspondence to 2015 given below fyi.

_____________________________________

7 November 2016

FOI Commons,
House of Commons

Dear Mr Berti

Thank you for your further request for clarification. You have asked that
the House clarifies its response to your second question as follows:

“Why should a MP who wishes to deceive the House be permitted to block its
access; in effect, trash the petition?”

Information to answer this question is not held by the House of Commons.
Where possible, to provide advice and assistance, we try to identify other
public authorities who may hold the information required. However, on
this occasion we were unable to identify any other public authority who
may be able to assist you further.

I hope this clarifies our response sufficiently.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service
House of Commons
_____________________________________

5 November 2016

Dear FOI Commons,

Thank you for your response to my FOI query.

I've already communicated with the Procedures Committee. As I recall, it was this office which directed me to the Speakers Office. And, it was further to commuicating with the Speakers Office I contacted you.

With regard to the second part. I'm unclear why you're unable to direct me. Would you kindly clarify.

Regards
D. Berti

enc. previous 2 messages

_____________________________________

5 October 2016

FOI Commons, House of Commons
Freedom of Information Request F16-440

Dear Mr Bert,

Thank you for your email as copied below. With reference to our previous
responses to your questions about petitions, you have asked two further
questions relating to the presentation of petitions to Parliament.

1) How does one challenge this 'oversight' in the rules [relating to a
Member refusing to present a petition]

This information is held by the House of Commons.
The Procedure Committee considers the practice and procedure of the House
in the conduct of public business, and you may wish to write to them and
make a case for your position. Further information including contact
details for the Procedure Committee of the House of Commons is available
on their web pages here:
[1]http://www.parliament.uk/business/commit...

2) Why should a MP who wishes to deceive the House be permitted to block
its access; in effect, trash the petition

This information is not held by the House of Commons and unfortunately on
this occasion we are unable to identify any other public authority from
whom you may be able to request this information under the Freedom of
Information Act 2000.

It may also help you to know that the purpose of the Freedom of
Information Act 2000 (FOIA), and indeed the ‘WhatDoTheyKnow?’ website, is
to provide people with access to recorded information held by public
authorities. While we appreciate that our requesters may feel strongly
about certain issues, the FOIA does not oblige an authority to enter into
discussions or express a view on a particular subject, neither is it the
correct means to affect a change in a particular function, principle or
process of the authority itself.

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Research & Information Team, House of
Commons, London SW1A 0AA or [2][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[3]www.ico.gov.uk.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

30 September 2016

Dear FOI Commons,

Thank you for your message of, June 18, 2016, a response to my message of the 16th.

I am fairly sure the House would wish to receive my petition, whether or not the constituency MP wished to present it. Also, given that a second MP offered to present it, I'd guess the petition is both in order and something the House would wish to receive.

I've questioned whether there exists rules which protect rights (or interests) of the House to receive petition when the constituent's MP wishes to block its presentation. I understand there are none. So, my FOI question to you is, how does one challenge this 'oversight' in the rules.

As I say, I should imagine the House would wish to receive the petition. So, why should an MP who wishes to deceive the House be permitted to block its access; in effect trash the petition.

Yours sincerely,
domenic b

______________________________________

18 July 2016

FOI Commons, House of Commons
Dear Mr Bert,

Freedom of Information Request F16-088 Clarification/query
Thank you for your second further email on the subject of petitions,
copied below. You said that you would like additional information on the
same subject, but could you please clarify what information you require?
We have already advised you that only Members of Parliament can present a
petition to the House of Commons. We have confirmed that there are no
other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons. We have
informed you that members of the public may raise issues directly by
starting an E-petition, and provided details of how this could be started.
If there is other recorded information which you require, please let us
know and we will try to assist you. However, if you are seeking
assistance with a personal matter you may wish to contact a suitable legal
professional such as a solicitor or barrister, or alternatively contact
the Citizen’s Advice Bureau who may be able to help you.

Yours sincerely,
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

_______________________________

16 July 2016

Dear FOI Commons,

I believe my original FOI query has been addressed. Thank you.

Unless otherwise advised, I'd like to request additional information on the same subject.

I'm sure you recognise I request not information about rules for members but rather, rules for the House. Unless there
are rules which protect the House's interest to receive and handle (legitimate) petition, and it seems there are not, it
would be useful to know where one turns. Would you kindly disclose any information you hold which address the
same.

FYI an other MP (not the constituency MP) offered to present my petition before being persuaded by the constituency
MP not to do so. How are petitions presented if MPs are prevented from doing so for the purpose of deceiving the
House. Would you kindly disclose any information you hold which address the same.
I've enclosed last two messages of a string of 10 or so.

Yours faithfully,
domenic b

_______________________________

8 June 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Freedom of Information Request F16-088 Further Clarification

Thank you for your further email on the subject of petitions. You
indicated that, further to our response stating that no Standing Orders
related to the securing of the right of the House to receive a Petition,
you also wished to know if there was any other recorded information
surrounding this matter.

We understand that you seek information on how the House of Commons may be
presented with a petition if a MP is “refusing to present it and blocking
others from doing so”. Specifically, you wished to request any
information (“rules or accommodations”) which might cover this
eventuality. We hope the further clarification below will be of
assistance.

This information is also not held by the House of Commons. There are no
other recorded rules or accommodations which oblige any Member to present
a petition to the House of Commons.

It may help you to know that while it is a Member who presents a petition
from members of the public, this does not have to be the Member who
represents their constituency (although Members are encouraged to inform
the constituency MP as a courtesy). Government Ministers are not
permitted to present petitions.

Lastly, members of the public may raise issues directly by starting an
E-petition. This relies on public support; at 10,000 signatures a
response is provided from the government and at 100,000 signatures the
petition will be considered for a debate in Parliament. Further
information is available on the E-petition website here:
[1]https://petition.parliament.uk/help.

I hope this information is useful to you, but please let us know if you
require any other information.

Yours sincerely,

Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

______________________________________

7 June 2016

Dear FOI Commons,
Dear Ms Richmond,

Many thanks for your communication of April 19, 2016

You've interpreted my query with reference to Standing Orders and responded accordingly. My query also refers to 'rules or accommodations'. Do you wish me to reword and submit a new query; should I complain or; do you wish to afford me the additional info'.

I note you choose to recognise the House's obligations to receive a petition alongside MP's obligations to present it (para' 8). It's not my intentions nor do I wish to challenge existing rules. I understand it is right the MP should not be made to present something which, shall we say, falls short of prescribed format. However, one should not overlook the actions of an MP, which may themselves have fallen short. That's to say, prejudiced the petitioning process. It may be the House would, in normal circumstances, wish to learn details of the petition. Therefore I'd need to secure assistance from someone within the House if but to secure access to prescribed petition process. I'm not looking to 'override' the rules.

FYI my original query read:

'would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.'

Yours sincerely,

domenic b
______________________________________

19 April 2016

Dear Mr Bert,

Freedom of Information Request F16-088 Clarification

Further to our response to your request dated 9 February 2016, we have
received your email which stated “I'm directed to complain to the House of
Commons. Not sure complaint is required although I'd like the FOI query
addressed.”

We are very sorry that you felt we had not properly addressed your
request, and have provided the further information below which may resolve
your query.

Firstly, please note that our responses are on behalf of the whole of the
House of Commons, which includes the Speaker’s Office. When we receive a
request, we usually try to locate the information from any likely area of
the House, even if only one team has been identified by the requester.
This is to provide as full a response as possible.

You have asked “would you kindly disclose any information you hold (which
identifies) who interprets House Standing Orders where the Speaker is not
the correct authority. The Speaker's office advises me it is not the
correct authority.”

The reason we provided a response that related to Petitions was that your
full original request went on to clarify:

“The original question concerns presenting petitions to the House: What
rules or accommodations protect the interest of the petitioner and more
importantly, the right of the House to receive a petition and thus
undertake its duty where the petition, being quite in order and conforming
to prescribed format, does not please the constituency MP. The same MP
refusing to present it and blocking others from doing so I understand
there are two issues here i) disciplining the MP, ii) securing the right
of the House to receive the petition. My question concerns the latter.”

Therefore, we interpreted your original question to be about the
interpretation of House Standing Orders which relate to the securing of
the right of the House to receive a Petition.

We informed you that this information was not held. This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them. The issue of
interpreting Standing Orders relating to this matter is redundant, as they
simply do not exist.

As I’m sure you are aware, Standing Orders are the written rules which
regulate the proceedings of each House. It may help you to know that all
Standing Orders are published on the parliamentary website here:
[1]http://www.parliament.uk/site-informatio...
In general, unless a Standing Order specifically states that it confers
responsibility to another person, the Speaker of the House of Commons
interprets House Standing Orders, under advisement from the Clerk.

We hope this information explains the situation a little better than our
first response. However, if you believe that we have not complied with
our obligations under the Freedom of Information Act 2000, you may still
request an internal review. If this is the case, please ensure that you
specify the issues you wish us to review along with any arguments or
points that you wish to make. You may request the review through the
WhatDoTheyKnow website, or by emailing us directly at
[2][House of Commons request email].

Yours sincerely,
Abigail Richmond | Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons
Tel: 0207 219 2559 | Text Relay: 18001 219 2559 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

April 14, 2016

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'petitions to the House of Commons'.

Information Rights and Information Security Service,
Department of HR and Change,
House of Commons,
London,
SW1A 0AA

Dear House of Commons,

subject: complaints or requests for internal review

I'm directed to complain to the House of Commons. Not sure complaint is required although I'd like the FOI query addressed. That's to say, I don't believe it's been addressed. I've modified for clarity the original message (of, 28 December 2015) although essentially it's the same.

My FOI query is: would you kindly disclose any information you hold (which identifies) who interprets House Standing Orders where the Speaker is not the correct authority. The Speaker's office advises me it is not the correct authority.

The original question concerns presenting petitions to the House (and reads): What rules or accommodations protect the interest of the petitioner but, more importantly, protect the right of the House to receive the petition thus (allow it to) undertake its duty where the petition, being quite in order and conforming to prescribed format, does not please the constituency MP; the same MP refusing to present it and blocking others from doing so.

Although securing response to my query, the Speaker's Office does not address it.

I understand there are two issues here i) disciplining the MP and, ii) securing the right of the House to receive the petition. My question concerns the latter.

Yours faithfully,

Domenic B

______________________________________

24 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert

Freedom of Information Request F16-088

Thank you for your request for information as copied below. You asked for
information about what rules are in place to protect the interests of a
petitioner and to secure the right of the House of Commons to receive
petitions where an MP refuses to present it.

Individuals can ask their MP to present a petition to Parliament to raise
a local or an individual issue. Only MPs can present public petitions to
the House of Commons, but they are not obliged to do so. The House
standing orders do not contain any obligation on MPs to present petitions
and there is no redress for an individual who wants their MP to present a
public petition if the MP does not want to, therefore the House of Commons
does not hold the information you have requested. More information about
public petitions can be found on the parliamentary website here:
[1]http://www.parliament.uk/get-involved/si....

It may help you to know that the House of Commons has an e-petition
website. It is possible for individuals to submit petitions which comply
with the published terms and conditions on their own initiative, without
the co-operation of a MP. More information about e-petitions can be found
here: [2]http://www.parliament.uk/get-involved/si....

You may also find it helpful to know that there is a House of Commons
Petitions Committee which was set up to look at e-petitions submitted on
petition.parliament.uk and public (paper) petitions presented to the House
of Commons. More information can be found here:
[3]http://www.parliament.uk/business/commit....

You may, if dissatisfied with the handling of your request, complain to
the House of Commons. Alternatively, if you are dissatisfied with the
outcome of your request you may ask the House of Commons to conduct an
internal review of any decision regarding your request. Complaints or
requests for internal review should be addressed to: Information Rights
and Information Security Service, Department of HR and Change, House of
Commons, London SW1A 0AA or [4][House of Commons request email]. Please ensure
that you specify the full reasons for your complaint or internal review
along with any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner
at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF,
[5]www.ico.gov.uk.
Yours sincerely,

Carole Fisher | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Third Floor, 7 Millbank,
London, SW1P 3JA

______________________________________

11 February 2016

From: FOI Commons
House of Commons

Dear Mr Bert,

Thank you for your request for information dated 9 February 2016, received
by us on the 10 February 2016, which is copied below.

We will endeavour to respond to your request promptly but in any case
within 20 working days i.e. on or before 8 March 2016.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely,
Sarah Price

IRIS Support Officer
Information Rights and Information Security (IRIS) Service | House of
Commons
______________________________________

9 February 2016

Dear Sir,

Subject FOI request, House of Commons

Apologies for the delay. Have only just been able to regain access to my email account.
In response, would you kindly identify me as (Mr) Domenic Bert

Yours faithfully,
domenic
______________________________________

Tue, Dec 29, 2015

FOI Team Mailbox<[email address]>
To: dom <[email address]>

Dear Dom

Thank you for your recent email. Unfortunately, we cannot accept a request without a full and valid name. Please provide same if you wish to continue with this request. If we do not hear from you within two months of the date of this email we will consider the matter closed.

Regards
FOI Team
Room 405
70 Whitehall,
London, SW1A 2AS
Email: [email address]

______________________________________

28 December 2015

From: domenic b [mailto:[FOI #308442 email]]
To: FOI Commons <[email address]>
Subject: Freedom of Information request - petitions to the House of Commons

Dear House of Commons,

My FOI query is: would you kindly disclose any information you hold
on who interprets House Standing Orders where the Speaker is not,
the office explains, the correct authority.

Although securing response from the Speakers Office, it does not
address my question so, I restated and submitted it but without
success.

*The original question concerns presenting petitions to the House:
What rules or accommodations protect the interest of the petitioner
and more importantly, the right of the House to receive a petition
and thus undertake its duty where the petition, being quite in
order and conforming to prescribed format, does not please the
constituency MP. The same MP refusing to present it and blocking
others from doing so.I understand there are two issues here i)
disciplining the MP, ii) securing the right of the House to receive
the petition. My question concerns the latter.

Yours faithfully,
Domenic B

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

Thank you for your email dated 25 May 2017, received by us on the same
date, which is copied below.

 

When a General Election is called, Parliament is dissolved and there is no
‘House of Commons’ for the purposes of the Freedom of Information 2000 Act
(FOIA).

 

Section 1 of the Freedom of Information Act 2000 (FOIA) gives the general
right of access to information held by public authorities. However, during
the Dissolution period, Parliament ceases to exist, which means there is
no ‘public authority’ to which the Act applies.  As a result, the right of
access to information described by the Act is suspended.

 

All requests for information are still acknowledged, but the 20-day
deadline is calculated to exclude the period between Dissolution and the
new Parliament convening. Requesters are advised that they may expect
their response after the House returns (which is usually sometime after
the General Election).

 

Further information about the FOIA and Dissolution can be found on our web
pages here:
[1]http://www.parliament.uk/site-informatio....

 

Yours sincerely,

 

Lauren

 

Lauren Puckey | IRIS Officer
Information Rights and Information Security (IRIS) Service | House of
Commons

Tel: 0207 219 4025 | Text Relay: 18001 219 4025 | Fifth Floor, 14 Tothill
St, London SW1H 9NB

 

[2]cid:image002.jpg@01D02B64.34D76640

Click [3]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

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show quoted sections

FOI Commons, House of Commons

1 Attachment

Dear Mr Berti,

 

 

Thank you for your further correspondence. 

 

You have repeated your query again – this being “What rules or
accommodations protect the interest of the petitioner and, more
importantly, the right of the House to receive a petition, thus undertake
its duty where, the petition, being quite in order and conforming to
prescribed format, does not please the constituency MP.”

 

The House of Commons has answered your question on a number of occasions,
namely:

 

·         2 February 2017             “Your previous communications
concerned a Member of Parliament who refused to present your petition to
the House of Commons.  We advised you that there were no rules or
procedures which obliged a Member to do so, or that “secured the right of
the House of Commons to receive a petition”.”

 

·         18 July 2016                  “We have confirmed that there are
no other rules or accommodations held by the House of Commons which oblige
any Member to present a petition to the House of Commons.”

 

·         8 June 2016                   “This information is also not held
by the House of Commons.  There are no other recorded rules or
accommodations which oblige any Member to present a petition to the House
of Commons.”

 

·         19 April 2016                  “… we interpreted your original
question to be about the interpretation of House Standing Orders which
relate to the securing of the right of the House to receive a Petition. 
We informed you that this information was not held.  This is because there
are no Standing Orders which state that MPs are obliged to present
petitions, or that the House has a ‘right’ to receive them.”

 

This matter has now been dragging on since December 2015 and, although
some of the delay has been due to our confusion as to what recorded
information you required of us, I am struggling to see how we can answer
your original query any more clearly.  In an attempt to advise and assist
you, we have provided you with a considerable amount of information about
how petitions are dealt with in the House and how to progress any
complaints you may have about the petition system.

 

Consequently, we will not be responding to any further requests for this
information or other related comments on this WhatDoTheyKnow thread.

 

If you would like to submit a request for NEW recorded information held by
the House of Commons, please do so by either emailing us at
[1][email address], or by completing a NEW request on the
WhatDoTheyKnow website. 

 

Yours sincerely,

 

 

         
Information Rights Manager
Information Rights and Information Security (IRIS) Service | House of
Commons

 

[2]cid:image002.jpg@01D02B64.34D76640

Click [3]here for information about FOI in the House of Commons,

or to see what we publish.

 

 

 

show quoted sections

Dear FOI Commons,

Thank you for your message of July 13, a response to my last message of the 25th May 2017.

You've made it clear that my FOI query has been answered. With respect, I'm not asking you revisit it. I do however seek direction. That's to say, would you kindly identify where one makes complaint? It is accepted this is not part my original query, and relies on your courtesy.

FOR YOUR INFORMATION I supply copy my last message.
Dear FOI Commons,
If the Procedures Committee is not charged with considering such complaints then clearly it's not the correct office and I should not be directed there. Given that it's not the correct office, you've yet to identify the correct one. My FOI query does not concern conduct of the Procedures Committee. I've copied my query here: ....What rules or accommodations protect the interest of the petitioner and, more importantly, the right of the House to receive a petition, thus undertake its duty where, the petition, being quite in order and conforming to prescribed format, does not please the constituency MP. The same MP refusing to present the petition and blocking others from doing so. I understand there are two issues here i) disciplining the MP, ii) securing the right of the House to receive the petition. My question concerns the latter..... (Part the original 2015 FOI query - Blocked from petitioning the House)
I believe the House would wish to receive my Petition. It is not up to a member of Parliament to undermine parliamentary procedures to serve his/her own interests.....

Yours sincerely,
domenic b

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