Staff Hotseat questions & answers
Dear HM Revenue and Customs,
Please provide a copy of all HMRC Staff Hotseat questions & answers, live and archived, starting from the present time going back as far as the foia cost constraint kicks in.
Yours faithfully,
Zachary
Dear Zachary
Thank you for your FOI request dated 2 October 2013.
Please provide a copy of all HMRC Staff Hotseat questions & answers, live
and archived, starting from the present time going back as far as the foia
cost constraint kicks in.
I can confirm that HMRC holds the information requested. However, we
estimate that the cost of complying with it would exceed the appropriate
limit of £600. The appropriate limit is specified in regulations and for
central government is set at £600 based on staff time at £25 per hour.
This represents the estimated cost of one person spending 3½ working days
determining if the department holds the information; it includes locating,
retrieving and extracting it. By setting the limit at £600 HMRC believes
that the right balance has been struck between an applicant’s right to
know and the amount of resource a public authority could reasonably be
expected to apply to give effect to it. Under section 12(1) of the FOIA
the department is not obliged to comply with your request and we will not
be processing it further.
I note that you have asked us to work up to the cost limit, if the request
as a whole engages s12(1) of the FOIA. I must advise you that the FOIA
does not require us to work up to the cost limit and, on this occasion,
HMRC is not prepared to do so. This is because the team responsible for
this work is quite small and it would be a significant burden on that
team.
Instead, you should consider narrowing the scope of your request to bring
it within the cost limit. If you wish to narrow the scope of your request
to a single year, we should be able to locate and extract the information
within the cost limit. Please specify start and end dates for the period
you require. Any reformulated request will be treated as a fresh
application.
If you are not happy with this reply you may request a review by writing
to HMRC FOI Team, Room 1C/23, 100 Parliament Street London SWIA 2BQ. You
must request a review within 2 months of the date of this letter. It would
assist our review if you set out which aspects of the reply concern you
and why you are dissatisfied.
If you are not content with the outcome of an internal review, you may
apply directly to the Information Commissioner for a decision. The
Information Commissioner will not usually consider a case unless you have
exhausted the internal review procedure provided by HMRC. He can be
contacted at The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely
Teresa Chance | FOI Policy Adviser | Rm 1C/23 100 Parliament Street |
London | SW1A 2BQ | Tel: 03000 586419
Dear HM Revenue and Customs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Staff Hotseat questions & answers'.
"I note that you have asked us to work up to the cost limit, if the request as a whole engages s12(1) of the FOIA. I must advise you that the FOIA does not require us to work up to the cost limit and, on this occasion, HMRC is not prepared to do so. This is because the team responsible for this work is quite small and it would be a significant burden on that team."
"Instead, you should consider narrowing the scope of your request to bring it within the cost limit. If you wish to narrow the scope of your request to a single year, we should be able to locate and extract the information within the cost limit. Please specify start and end dates for the period you require. Any reformulated request will be treated as a fresh application."
I fail to see why HMRC are attempting to refuse this FOIA request. The size of the team is immaterial. HMRC must supply the information requested unless the request falls under an exemption. When making the request, the only constraint I could envisage was the cost under S18 FOIA 2000, hence my cut off restraint.
It is HMRCs lawful responsibility to provide the information requested. I did narrow the scope to the fall within the FOIA 2000.
The information sought is in electronic form and should be easily extracted and presented.
Please provide the information originally sought on 2 October 2013.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Zachary
Dear Zachary,
HMRC's internal review response is attached here.
I have copied the link to the ICO guidance below, as it has become
inactive in the pdf format.
http://www.ico.gov.uk/for_organisations/...
/library/Freedom_of_Information/Detailed_specialist_guides/costs_of_comp
liance_exceeds_appropriate_limit.ashx
Yours sincerely
Teresa Chance | FOI Policy Adviser | Rm 1C/23 100 Parliament Street |
London | SW1A 2BQ | Tel: 03000 586419
Dear HM Revenue and Customs,
"Advice and Assistance
Under s16 of the FOIA, a public authority is expected to provide advice and assistance to anyone who has made or wishes to make a FOI request. In particular, where the request has been refused under s12 of the FOIA, we are expected to provide advice on narrowing
the request. I should make it clear that s16 of the FOIA does not impose any obligation to work up to the limit.
I see that you were advised to submit a narrowed request for questions / answers for a single year. I can further advise you that the records we hold go back to January 2006.
Having consulted with the relevant team, I understand that a request for questions and answers for two years could be dealt with within the fees limit. If you wish to specify which years you are interested in, then we can deal with your refined request."
This has not been exhausted.
Originally it was stated that "If you wish to narrow the scope of your request to a single year, we should be able to locate and extract the information within the cost limit."
Now you say "I understand that a request for questions and answers for two years could be dealt with within the fees limit."
I am sure you will appreciate that I cannot work out the period would fall within the cost limit as I do not have the facts before me. Hence I believe it is reasonable for HMRC to provide "advice & assistance" indicating the maximum period. That was not originally provided (1 year was stated - you have now stated 2 years).
Under S16 FIOA what is the maximum period? Please provide copies of all HMRC Staff Hotseat questions & answers, live and archived, starting from the present time going back the maximum period (per your Internal Review, at least 2 years)
Yours faithfully,
Zachary
Dear Zachary,
Thank you for your email. As per Mr Callan's internal review, the
maximum period is estimated to be two years.
Your new request will be logged as follows:
"copies of all HMRC Staff Hotseat questions & answers, live and
archived, starting from 22 November 2013 (the date of your refined
request) going back two years".
You will receive a separate acknowledgment containing the new reference.
Yours sincerely
Teresa Chance | FOI Policy Adviser | Rm 1C/23 100 Parliament Street |
London | SW1A 2BQ | Tel: 03000 586419
Dear Zachary,
Please find attached HMRC's response to your new FOI request.
Yours sincerely
Teresa Chance | FOI Policy Adviser | Rm 1C/23 100 Parliament Street |
London | SW1A 2BQ | Tel: 03000 586419
Dear HM Revenue and Customs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Staff Hotseat questions & answers'.
It is disturbing that HMRC have repeatedly failed to provide S16 FOIA advice. This demonstrates HMRC's propensity to withhold information, not acting in a manner of accountability and openness.
Section 36(2)(b) and (c) Prejudice to the effective conduct of public affairs falls in S16 FOIA advice that ought to have been provided by HMRC in response to my initial request.
"If staff members thought that their questions and comments would be published or reported on externally it is likely to mean they would not be as frank or forthcoming in future around issues of concern or suggestions for improvements."
I do not believe for one moment that the above would be the case for the simple reason that the names of HMRC's non public facing staff below SCS grade will be hidden or removed (see qualification below. In addition HMRC Staff members know that the Hotseat Q&A is open to be seen by over 60,000 HMRC staff (where internal ridicule is a risk) and are not put off being open and frank.
"HMRC also considers that disclosure would be likely to prejudice the effective conduct of public affairs." What does HMRC specifically have in mind? Had S16 FIOA advice been provided in response to my initial request, my request would have included a qualification that any genuine Hotseat Q&A that would likely prejudice the effective conduct of public affairs, excluding HMRC maladministration, be excluded. That qualification now exists.
S43(2) Commercial Interests aspect falls in S16 FOIA advice that ought to have been provided by HMRC in response to my initial request. Had the S16 FIOA advice been provided, my request would have included a qualification that any genuine "Commercial Interest" Hotseat Q&A be excluded. That qualification now exists.
S40(2) by virtue of s40(3)((a)(i) Personal Information aspect falls in S16 FOIA advice that ought to have been provided by HMRC in response to my initial request. Had the S16 FIOA advice been provided, my request would have included a qualification that the names of HMRC's non public facing staff below SCS grade be hidden or removed. That qualification now exists.
S31(1)(d) Law Enforcement falls in S16 FOIA advice that ought to have been provided by HMRC in response to my initial request. Had the S16 FIOA advice been provided, my request would have included a qualification that information if its disclosure would or would be likely to prejudice the assessment or collection of tax be hidden or removed. That qualification now exists.
Subject to the above qualifications, please provide copies of all HMRC Staff Hotseat questions & answers, live and archived, starting from the present time going back the maximum period (per your Internal Review, at least 2 years)
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Zachary
David Baker left an annotation ()
This provides evidence of HMRC's determination to prevent it's maladministration being made public. In it's attempt to prevent the information you seek being made public, HMRC highlights it's maladministration and law breaking by repeatedly not providing the S16 FOIA advice it is obliged to do.
Having worked in HMRC I can advise you that there will be very little in the Hotseat questions and answers that will fall in HMRC's reasons for not providing the information.
If the information you have asked for is not provided, make a formal complaint to the Information Commissioners Office specifically requesting a formal ruling.
You may be interested to learn that verbatim transcripts of HMRC "Staff Phone In's" exist.
Dear HM Revenue and Customs,
Please let me know when I may expect the information sought.
Yours faithfully,
Zachary
Dear Zachary
With apologies for the delay in response I am attaching a reply to your
request for an internal review.
Yours sincerely
Margaret Earing
HMRC Freedom of Information Team
Central Policy
Information Policy & Disclosure
100 Parliament Street
Westminster
London SW1A 2BQ
03000 586655
Tuesday to Friday
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Dear HM Revenue and Customs,
HMRC have not provided the assistance that it could reasonably have done. Exemptions that do not apply to all the information sought are being abused to prevent publication of information not exempt.
You leave me with no option but to refer the matter to The Information Commissioners Office.
Yours faithfully,
Zachary
Dear HM Revenue and Customs,
https://www.whatdotheyknow.com/request/h... dispels HMRC's reason for not providing the information requested.
Yours faithfully,
Zachary
Dear HM Revenue and Customs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Staff Hotseat questions & answers'.
Please respond to my reply on 14 March 2014.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Zachary
Dear HM Revenue and Customs,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of HM Revenue and Customs's handling of my FOI request 'Staff Hotseat questions & answers'.
I am still waiting on your review
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Zachary
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David Baker left an annotation ()
Zachary, this is a clear example of HMRC maladministration.
1) You sought information but had no way of knowing the period/quantity that could be provided under S22 FOIA 2000.
2) Under the circumstances set out in 1 above you, in anticipation of S16 FOIA 2000 assistance being applied, asked in your original HMRC request to restrict their process that would fall within S22 FOIA 2000.
3) In response HMRC has refused to provide the information sought, spuriously citing S22 & S16 FIOA 2000 and guidance.
4) HMRC's refusal is not reasonable as they have not provided the assistance they are legally obliged to under S16 FOIA 2000. The original refusal stated 1 year, the Internal review stated 2 year's data. Clearly the original S16 assistance fell far short of what is required.
5) The question remains, what period/quantity of data will fall within S22 FOIA 2000? Is it 1 year, 2 years or more? HMRC must provide a fact based estimate, not an ill-informed guess as clearly has been provided so far.
If HMRC persist in their refusal, make a formal complaint to the Information Commissioner's Office.