Partial Disclosure - Home Office Identity Cards Programmes team, no meeting diaries, no agenda, some aggregated expenses
The Home Office has finally responded, after 50 working days, with a partial disclosure to our Freedom of Information Act Request for:
"official meeting diaries, agendas of meetings, travel and entertainment expenses involving Katherine Courtney, Stephen Harrison, and the post of Head of Marketing, from 11 September 2001"
They are claiming an exemption under Section 35(1)(a) of the Act, "the formulation and development of government policy"
Note that they still do not actually name the "Head of Marketing" for the Identity Cards Programme, which was advertised in October 2004.
We welcome suggestions about what to do next.
Should we re-submit a more limited request, should we request and internal review and then appeal to the Information Commissioner ?
The Home Office response:
Home Office
Direct Communication Unit,
2 Marsham Street,
London,
SW1P 4DF
Telephone: 0870 000 1585
Fax: 020 7035 4745
Textphone: 020 7035 4742
E-mail: public.enquiries@homeoffice.gsi.gov.uk
Web Site: www.homeoffice.gov.ukXXX
[address]
6 April 2005
Dear Mr XXX
I am writing further to my correspondence of 4 April regarding your
request for the official meeting diaries, agendas of meetings, travel and entertainment expenses involving Katherine Courtney, Stephen Harrison, and the post of Head of Marketing, from 11 September 2001. I am now in a position to provide a full response.Official meeting diaries and agendas of meetings
After a careful consideration we have determined that the information you have requested is exempt from disclosure by virtue of section 35(1)(a) of the Freedom of Information Act 2000.
The diaries contain detailed information of meetings on various aspects of the Identity Cards Programme including the topic, who the meeting is with, and agenda items where attached. Section 35(1)(a) is applicable to the information as it relates to the development of Government policy, reflecting the formulation of issues by showing what has been in discussion, with whom, the frequency of which it was discussed and the dateline of the discussions.
In addition I regret that we cannot supply the full set of agendas for meetings held since September 2001, as to comply with your request would exceed the cost limit beyond which we are not required to supply information. The Home Office is not obliged to comply with any information request where the prescribed costs involved in supplying you with the information exceed £600. This limit applies to all central government departments and is based on work being carried out at a rate of £25 per hour, which equates to 3½ days work per request. Prescribed costs include those which cover the cost of locating and retrieving information, and preparing our response to you. They do not include considering whether any information is exempt from disclosure, overheads such as heating or lighting, or disbursements such as photocopying or postage.
Public interest considerations
In applying the exemption to information which Section 35 applies the Home Office has to balance the public interest in withholding the information against the public interest in disclosing it.
We have carefully considered the balance of public interest test and
concluded that, in this case, it is in favour of non-disclosure.
There is on the one hand a strong public interest in disclosure. There is a public interest in members of the public being able to understand the workings of Government and how policy in respect of Identity Cards is being formulated. There is also a general public interest in the disclosure of information providing greater transparency in how officials within Government operate.On the other hand there is a public interest to protect the integrity of the policy-making process, and not just the content of documents. Disclosure of the subject matter of officials’ discussions - even if anodyne in nature - could potentially harm the frankness and candour of future advice if civil servants and other parties felt that their discussions might become public relatively soon after an announcement has been made.
There is a strong public interest in officials being able to brief their Ministers appropriately with full and frank exchange of views for deliberation when developing policy. For Government to succeed in upholding that public interest, officials need to be able to consider all available options and so need to be free to debate these issues as many times as is necessary, and with all relevant parties in order to reach collective agreement. There is therefore a real risk that the release of this information would jeopardise the freeness,
with which officials will meet to discuss various options as part of the formulation of government policy on Identity Cards.Travel and Entertainment Expenditure
In respect of the request concerning travel and entertainment expenses the information held is not recorded in a manner that is itemised for individuals. Therefore the information you have requested does not exist. However there is some combined information on the annual amounts for travel and subsistence costs that can be disclosed which would meet the public interest in transparency without it being not in the public interest to disclose. The
annual amounts are as follows:2002/03 £4,655
2003/04 £21,085
2004/05 £36,725
No relevant information exists for 2001/02.
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
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DFShould you remain dissatisfied after this internal review, you will have a further right of complaint to the Information Commissioner.
Yours sincerely
AAA BBB