Home Office reply in similar terms to the OGC re FOIA request for Identity Cards Programme Gateway Reviews - 15 more working days to "balance the public interest"
The Home Office have also replied to the Freedom for Information Act request for the OGC Gateway Reviews, which we submitted to them at the same time as to the Office of Government Commerce.
There is policy coordination going on between the departments, as they have replied in almost the same words, quoting the same Exemptions and the estimate of an extra 15 working days whilst they consider the "balance of the public interest" i.e. after the Identity Cards Bill has finished its remaining stages in the House of Commons on Thursday 10th February 2005, before going on to the House of Lords.
Home Office reply:
BUILDING A SAFE, JUST AND TOLERANT SOCIETY7th Floor, 50 Queen Anne's Gate, London SW1H 9AT
Telephone: 0870 000 1585 Fax: 020 7273 2065 Textphone: 020 7273 3476
E-mail: public.enquiries@homeoffice.gsi.gov.uk
Web Site: www.homeoffice.gov.ukaddress:
1 February 2005
Dear Mr XXX
FREEDOM OF INFORMATION REQUEST
Thank you for your request for information, the Gateway 0 Reviews and prior review, which the Home Office received on 4 January 2005. I can confirm that the Home Office holds the information you have requested.
I am writing to advise you that the following exemptions apply to the
information that you have requested:All the information requested:-
- s. 35(1)(a) and (3) of the Act as the information relates to the development of government policy.
- s.33(1)(b) and (2) of the Freedom of Information Act 2000 (the Act) as OGC is a public authority with functions in relation to the
examination of the economy, efficiency and effectiveness with
which other public authorities use their resources in discharging
their functions; and disclosure of the requested information would,
or would be likely to, prejudice the discharge of those functions and
disclosure by the Home Office would circumvent the statutory
protection of OGC.- OGC have advised us that the Gateway Review process depends
for its efficacy and promptness on (a) the candour of interviewees
and (b) the reasonable reliance then placed on reports by the
particular individuals to whom reports are solely addressed (usually
Senior Responsible Owners or SROs). The confidence of
interviewees and the SRO in the integrity of the OGC Gateway
process is thereby central to the success of the Gateway Review
process in the ID Cards programme.These are qualified exemptions are thus subject to the balance of the public interest.
By virtue of section 10(3), where public authorities have to consider the balance of the public interest in relation to a request, they do not have to comply with the request until such time as is reasonable in the circumstances.
The Home Office has not yet reached a decision on the balance of the public interest for information to which section 33 and section 35 apply. Due to the need to consider, in all the circumstances of the case, where the balance of the public interest lies in relation to the information that you have requested, the Home Office has not been able to respond to your request in full within 20 working days. In these circumstances, I consider that it will take up to approximately 15 additional working days in order to respond to your request.
I hope to let you have a response by 22 February 2005. If you do not receive my response or further information by then, please contact me.If you have any queries about this letter, please contact me.
If you are dissatisfied with this response you may request an independent internal review. This can be done by submitting your complaint to:
Information Policy Team
Room 155
Home Office
50 Queen Anne’s Gate
London
SW1H 9ATShould you remain dissatisfied after this internal review, you will have a further right of complaint to the Information Commissioner.
Yours sincerely
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