Graham Senior-Milne

Dear House of Lords,

Can you please tell me what the procedure is for petitioning the House (including who a petition should be sent to) and whether any person/office holder has a right to prevent a petition submitted to the House from being presented to the House? Are there any particular procedures for peerage claims?

Yours faithfully,

Graham Senior-Milne

HL FOI & Information Compliance, House of Lords

1 Attachment

Dear Mr Senior-Milne,

 

Please find attached our response to your request (copied below) to the
House of Lords Administration.

 

You may, if dissatisfied with the treatment of your request, ask the House
of Lords to conduct an internal review. This should be addressed to
[1][email address] or to the Freedom of Information Officer, House
of Lords, London SW1A 0PW and explain clearly the nature of your complaint
in terms of compliance with the Freedom of Information Act 2000.
Arrangements will be made for someone who has not been involved in dealing
with your request to conduct an internal review within 20 working days.

 

You should note that we will not normally accept an application for
internal review if it is received more than two months after the date our
response was sent. Any such request received after this time will only be
considered in exceptional circumstances.

 

If, following this review, you remain dissatisfied with the House’s
treatment of your request for information you may then take your complaint
to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

 

Yours sincerely,

 

Kimberley Swift

Information Compliance Team

House of Lords

 

 

 

From: Graham Senior-Milne
Sent: 12 November 2018 17:57
To: HL External Communications Office
Subject: Freedom of Information request - Procedure for submitting a
petition

 

Dear House of Lords,

Can you please tell me what the procedure is for petitioning the House
(including who a petition should be sent to) and whether any person/office
holder has a right to prevent a petition submitted to the House from being
presented to the House? Are there any particular procedures for peerage
claims?

Yours faithfully,

Graham Senior-Milne

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

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[2][FOI #532079 email]

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show quoted sections

Graham Senior-Milne

Dear House of Lords,

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

I am writing to request an internal review of House of Lords's handling of my FOI request 'Procedure for submitting a petition'.

You say:

‘There are no formal documented procedures in respect of preventing a petition from being considered by the House.’

This is not correct. There is a document you have overlooked and it is called Magna Carta (1297). Clause 29 says:

‘No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.’

‘Nor will we deny or defer to any man either justice or right’ means that it is unlawful (a breach of clause 29 of Magna Carta 1297, which is still in force) to prevent a person from exercising his fundamental constitutional right to petition Parliament.

It is a fundamental constitutional right to petition Parliament, as confirmed by Erskine May, the authority of Parliamentary Procedure, when he wrote in his ‘A Treatise upon the Law, Privileges, Proceedings and Usage of Parliament’:

'The right of petitioning the Crown and Parliament for redress of grievances is acknowledged as a fundamental principle of the constitution.’

Therefore, for a member to refuse to present a petition to the House when asked to do so, is to deny the petitioner his right to petition Parliament, and this is unlawful as a breach of Clause 29 of Magna Carta (1297).

Since a peerage claim is a judicial process, to impede that process is contempt of court. In Raymond v Honey [1981] UKHL 8 it was said:

‘In considering whether any contempt has been committed by the appellant, there are two basic principles from which to start. First, any act done which is calculated to obstruct or interfere with the due course of justice, or the lawful process of the courts, is a contempt of court.'

Mind you, I cannot say I am surprised that you are ignorant of the most important constitutional document in British history.

Please amend your response accordingly.

Thank you for your assistance.

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,

Graham Senior-Milne

Graham Senior-Milne left an annotation ()

The page at:

https://www.parliament.uk/get-involved/s...

says that a member can refuse to present a petition, so they can't even get their basic answer right.

HL FOI & Information Compliance, House of Lords

Dear Mr Senior-Milne,

 

I am writing in response to your request for an internal review (copied
below). I have understood your review request to focus in particular on
the response provided to the following question.

 

“…whether any person/office holder has a right to prevent a petition
submitted to the House from being presented to the House”

 

To which the House of Lords responded:

 

“There are no formal documented procedures in respect of preventing a
petition from being considered by the House.”

 

Having reviewed the response, I am satisfied that you have been provided
with accurate information and there is no need to clarify or correct any
aspect of the response.

 

If you are not content with the outcome of this internal review, you have
the right to apply directly to the Information Commissioner. The
Information Commissioner may be contacted at: the Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

 

 

Richard Foreman

Information Compliance Manager

House of Lords

 

From: Graham Senior-Milne
Sent: 18 November 2018 19:17
To: HL External Communications Office
Subject: Internal review of Freedom of Information request - Procedure for
submitting a petition

 

Dear House of Lords,

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

I am writing to request an internal review of House of Lords's handling of
my FOI request 'Procedure for submitting a petition'.

You say:

‘There are no formal documented procedures in respect of preventing a
petition from being considered by the House.’

This is not correct. There is a document you have overlooked and it is
called Magna Carta (1297). Clause 29 says:

‘No Freeman shall be taken or imprisoned, or be disseised of his Freehold,
or Liberties, or free Customs, or be outlawed, or exiled, or any other
wise destroyed; nor will We not pass upon him, nor condemn him, but by
lawful judgment of his Peers, or by the Law of the Land. We will sell to
no man, we will not deny or defer to any man either Justice or Right.’

‘Nor will we deny or defer to any man either justice or right’ means that
it is unlawful (a breach of clause 29 of Magna Carta 1297, which is still
in force) to prevent a person from exercising his fundamental
constitutional right to petition Parliament.

It is a fundamental constitutional right to petition Parliament, as
confirmed by Erskine May, the authority of Parliamentary Procedure, when
he wrote in his ‘A Treatise upon the Law, Privileges, Proceedings and
Usage of Parliament’:

'The right of petitioning the Crown and Parliament for redress of
grievances is acknowledged as a fundamental principle of the
constitution.’

Therefore, for a member to refuse to present a petition to the House when
asked to do so, is to deny the petitioner his right to petition
Parliament, and this is unlawful as a breach of Clause 29 of Magna Carta
(1297).

Since a peerage claim is a judicial process, to impede that process is
contempt of court. In Raymond v Honey [1981] UKHL 8 it was said:

‘In considering whether any contempt has been committed by the appellant,
there are two basic principles from which to start. First, any act done
which is calculated to obstruct or interfere with the due course of
justice, or the lawful process of the courts, is a contempt of court.'

Mind you, I cannot say I am surprised that you are ignorant of the most
important constitutional document in British history.

Please amend your response accordingly.

Thank you for your assistance.

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

Yours faithfully,

Graham Senior-Milne

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[2][FOI #532079 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

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