Surprising reply from the Cabinet Office re the missing RIPA Commissioners' Annual Reports for 2005
Our reminder email, (see "No more Openness at the Cabinet Office") regarding our FOIA request "Cabinet Office - missing RIPA Commissioner Annual Reports for 2005", did actually result in prompt response from the Cabinet Office FOI Team, within 4 hours !
However the actual content of the reply is a bit of a surprise.
We had expected the Cabinet Office to simply confirm that they had the two documents, and that they would be published soon, so therefore the Freedom of Information Act 1998 Section 22: Information Intended For Future Publication Exemption, would apply.
Instead:
I am writing to advise you that following a search, I have established that the information you requested is not held by this Department. I can inform you, however, that the reports will be published in due course. When received, they will be laid before each House of Parliament by the Prime Minister in accordance with the provisions of the Regulatory and Investigatory Powers Act.
The mystery deepens.
How likely is it that the outgoing Interception of Communications Commissioner and the Intelligence Services Commissioner, all of whose previous Annual Reports were submitted to the Prime Minister by July of the year after the calendar year to which they refer, would not have done so for their 2005 reports ? Their fellow RIPA Commissioner, the Chief Surveillance Commissioner did submit his 2005 - 2006 Annual Report, and it was published online by July 2006.
Remember that anything which might compromise national security or personal data privacy is excluded from the public parts of these reports.
The reply:
Freedom of Information Team
70 Whitehall
London SW1A 2AS
Telephone 020 7276 [nnnn]
Fax 020 7276 [nnnn]
E-mail [aaa.bbb]@cabinet-office.x.gsi.gov.uk[name]
[address ]
25 January 2007
Cabinet Office Reference: FOInnnnnn
Dear Mr XXX,I refer to your request under the Freedom of Information Act 2000 for information about the following reports:
1. The Annual Report of the Interception of Communications Commissioner for 2005; and
2. The Annual Report of the Intelligence Services Commissioner for 2005.I am writing to advise you that following a search, I have established that the information you requested is not held by this Department. I can inform you, however, that the reports will be published in due course. When received, they will be laid before each House of Parliament by the Prime Minister in accordance with the provisions of the Regulatory and Investigatory Powers Act.
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 service you have received in relation to your request or wish to request an internal review, you should write to:
Howell James
Permanent Secretary
Government Communications
70 Whitehall
London
SW1A 2ASe-mail: howell.james@cabinet-office.x.gsi.gov.uk
You should note that the Cabinet Office will not normally accept an application for internal review if it is received more than two months after the date that the reply was issued.
If you are not content with the outcome of your internal review, you may apply directly to the Information Commissioner for a decision. Generally, the Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by Cabinet Office. The Information Commissioner can be contacted at:The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AFYours Sincerely,
[aaa bbb]