Astonishing ! We have a next working day reply to a FOIA request from the Home Office ! Ok it is not a "substantive reply", and they are not going to reply fully within the statutory 20 working days, but it is still a pleasant surprise, given their past record.
As we guessed, they are invoking the Section 22 Future Publication exemption, but at least the Home Office are having to think about the questions raised in our FOIA request about the new guidance, rules and regulations which cover protests of demonstrations in and around Parliament Square.
The Serious Organised Crime and Police Act 2005 was passed into law back on April 7th 2005, so why the Home Office have not published an initial set of rules and the extent of the Designated Area is a mystery,
Since they are applying the "public interest test"
"we will not be able to offer a substantive reply within 20 working days of 2 June, the date of your email. We are however treating your request as a matter of urgency and now aim to respond by 22 July."
It really is a mystery as to why the extent of the Designated Area and the new rules have not already been published.
What possible reason for a delay could there be ?
Even if they only apply the Order initially to the Parliament Square pavement itself, in order to harass the controversial lone "peace camp" demonstrator Brian Haw, whose 4 year vigil seems to have been the cause of this legislation in the first place, they could always extend the Designated Area later.
"Home Office
Public Order and Police Co-Operaion Unit
[note the misspelling of "Co-operation"]
Fry Building, 2 Marsham Street, London SW1P 4DF
Telephone: 020 7035 1807
E-mail: AAAA.BBBB@homeoffice.gsi.gov.uk Website: www.homeoffice.gov.uk
[email]Reference: Annnn/ n 3 June 2005
Dear Mr XXXXThank you your email of 2 June in which you requested information on new legislation dealing with protests and demonstrations in Parliament Square.
We are at present considering your information request. As you may be aware, although the Freedom of Information Act carries a presumption in favour of disclosure, it does contain numerous exemptions which can be used to withhold information in certain legitimate circumstances. In the case of some of these exemptions it is necessary to apply a public interest test before we can decide whether information is disclosable or not, as outlined in section 2 of the Act. The public interest test is used to balance the public interest in disclosure against the public interest in favour of withholding the information in line with the particular exemption.
We are currently applying the public interest test in relation to the exemption contained within section 22 which relates to Future Publication. Where the public interest test is being considered the Act allows us to exceed the 20 working days response target where necessary. This is subject to the condition that we inform applicants of the date by which we expect to have concluded our deliberations and will therefore be able to provide you with a substantive reply to your request (section 17.2 of the Act). I am therefore writing to inform you that as a result of our consideration of the public interest test in this case, we will not be able to offer a substantive reply within 20 working days of 2 June, the date of your email. We are however treating your request as a matter of urgency and now aim to respond by 22 July. I would like to apologise for this delay and any inconvenience that it may cause.
Should you have any queries about the handling of your information request then please do not hesitate to contact me without delay.
Yours sincerely,
AAAA.BBBB
Public Order team"
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