OGC Gateway Reviews of the Identity Cards scheme FOIA request - 15 more working days estimated "to consider the balance of the public interest"
The Office of Government Commerce has replied to our request for the Gateway Reviews regarding the Identity Cards scheme, on the 20th working day after having received the FOIA request.
So, having managed not to publish the information requested in time for it to be considered as part of the debate during the House of Commons Committee Stage of the Identity Cards Bill, they are now planning not to publish anything until after the final Report and Third Reading debates in the House of Commons on Thursday 10th February 2005. Is this a mere coincidence, or is this political calculation ?
They confirm that they hold the requested information but mention a couple of Exemptions:
section 33 Audit Functions and for parts of the information, section 35 Formulation of Government Policy
These Exemptions are subject to the "balance of the public interest".
Accordingly they are conducting a "Balancing exercise" and they estimate that this will take a further 15 additional working days.
It does seem astonishing that it will take so long to decide - perhaps they really will have to discuss this at Cabinet level, as was implied by Lord Falconer.
Who would have guessed that our little FOIA request could possibly cause such deliberations and considerations within the Government 8-)
The reply from the Office of Government Commerce:
AAA BBB
Head of Information Management
Tel: 01603 nnnnnn
Fax: 01603 nnnnnn
E-mail: AAA.BBB@ogc-gsi.gov.uk1 February 2005
By e-mail to XXX @ Dear Mr XXX
FREEDOM OF INFORMATION ACT REQUEST REFERENCE NO@ 92247 I refer to your request for information which the Office of Government Commerce (OGC) received on 4 January 2005. I can confirm that the Office of Government Commerce holds the information you have requested.
Exemptions
I am writing to advise you that the following exemptions apply to the information that you have requested:
All the information requested:-
- s.3391)(b) and 92) of the Freedom of Information Act 200 (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 disclosures of the requested information would, or would be likely to, prejudice the discharge of those functions.
- The OGC gateway Review process depends for its efficacy and promptness on 9a) 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 cionfidence of intterviewees 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.
For part of the information requested:-
- s.35(2)9a) and (3) of the Act as the information relates to the development of government policy.
These are qualified exemptions are thus subject to the balance of the public interest.
Balancing exercise
By virtue of section 10(3), where public authorities have to condiser 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 Office of Government Commerce 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 circumastances of the case, where the balance of the public interest lies in relation to the infrmation that you have requested, the Office of Government Commerce 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 contactme and I will investigate the matter.
Queries
If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.
If you are unhappy with the level of service you have received in relation to your request from Office of Government Commerce you may ask for an internal review. You should contact the Service Desk (details at the bottom of page 1 above) if you wish to make a complaint.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner
Wycliffe House
Water Lane>br> Wilmslow
Cheshire
SK9 5AFYours sincerely
AAA BBB
Head of Information Management
OGC Service Desk>br>
Rosebury Court, St Andrew's Business Park, Norwich, NR7 0HS
Tel: 0845 000 4999, e-mail: ServiceDesk@ogc.gsi.gov.uk