House of Commons Public Administration Select Committee
Ministerial Accountability and Parliamentary Questions
Fifth Report of Session 2004–05
Volume II Appendices
Ordered by The House of Commons to be printed 17 March 2005
HC 449–II Published on 22 March 2005 by authority of the House of Commons London: The Stationery Office Limited £20.50
The Public Administration Select Committee
The Public Administration Select Committee is appointed by the House of Commons to examine the reports of the Parliamentary Commissioner for Administration, of the Health Service Commissioners for England, Scotland and Wales and of the Parliamentary Ombudsman for Northern Ireland, which are laid before this House, and matters in connection therewith and to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service; and the committee shall consist of eleven members.
Current membership Tony Wright MP (Labour, Cannock Chase) (Chairman) Annette Brooke MP (Liberal Democrat, Mid Dorset and Poole North) Mrs Anne Campbell MP (Labour, Cambridge) Sir Sydney Chapman MP (Conservative, Chipping Barnet) Mr David Heyes MP (Labour, Ashton under Lyne) Mr Kelvin Hopkins MP (Labour, Luton North) Mr Ian Liddell-Grainger MP (Conservative, Bridgwater) Mr Gordon Prentice MP (Labour, Pendle) Hon Michael Trend, CBE MP (Conservative, Windsor) Brian White MP (Labour, Milton Keynes North East) Iain Wright MP (Labour, Hartlepool)
Powers The committee is one of the select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 146. These are available on the Internet via www.parliament.uk.
Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/parliamentary_committees/public_administration_select_com mittee.cfm.
Committee staff The current staff of the Committee are Philip Aylett (Clerk), Clive Porro (Second Clerk), Lucinda Maer (Committee Specialist), Jackie Recardo (Committee Assistant), Jenny Pickard (Committee Secretary) and Phil Jones, (Senior Office Clerk).
Contacts All correspondence should be addressed to the Clerk of the Public Administration Select Committee, Committee Office, First Floor, 7 Millbank, House of Commons, London SW1P 3JA. The telephone number for general enquiries is 020 7219 3284; the Committee’s email address is [email protected]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 1
Contents
Page
Appendix 1: Withheld answers to written parliamentary questions in session 2002–03 3
Appendix 2: Memoranda from Government Departments session 2002–03 94
Appendix 3: Withheld answers to written parliamentary questions in session 2003–04 135
Appendix 4: Memoranda from Government Departments session 2003–04 178
Appendix 5: Letters from Members of Parliament 212 Letter from David Laws MP 212 Reply from Melanie Johnson MP, Parliamentary Under Secretary of State for Public Health, Department of Health 212 Letter from Glenda Jackson MP and Llew Smith MP to the Speaker of the House of Commons 215 Reply from the Speaker of the House 216 Letter from Glenda Jackson MP and Llew Smith MP 217 Reply from the Prime Minister 217 Reply from the Foreign Secretary 217 Letter from David Laws MP 218 Reply from Stephen Timms MP, HM Treasury 218 Letter from the Rt Hon Frank Field MP [PQ 195695 Col 250W] 219 Reply from the Prime Minister 219 Reply from the Rt Hon Frank Field MP 219 Reply from the Prime Minister 220 Letter from Adam Price AS/MP 220 Reply from the Prime Minister 221 Letter from Mark Oaten MP to Paul Goggins MP, Parliamentary Under-Secretary of State Home Office 221 Letter from Dr Julian Lewis MP 221 Reply from David Miliband MP, Minister for the Cabinet Office 222 Letter from Anne Campbell MP 223
Ministerial Accountability and Parliamentary Questions: Evidence Ev 3
Appendix 1: Withheld answers to written parliamentary questions in session 2002–03
Letter submitted by the Principal Clerk, Table Office, House of Commons
Following the practice established in the last Parliament, I enclose a copy of the Table Office’s digest of the pattern of answers: the list of questions which had been “blocked” by virtue of a minister’s refusal to answer them in the Session 2002–03, which lasted from November 2002 to November 2003.
The Table Office’s memorandum to the Public Service Committee in 1996 set out the procedure relating to the compilation, Office style and use of the pattern of answers list, which is of course neither a complete digest of blocking answers nor an absolute statement of what may not be asked. It is primarily an internal document designed as a practical guide to some of the limits set by ministers in replying to questions.
8 January 2004
Pattern of answers list for session 2002–03
ADVOCATE GENERAL FOR SCOTLAND
No. Date Subject Comment qno. Col.
1 14.10. Engagements Not practice to list individual engagements 131559 175W 03
CABINET OFFICE
No. Date Subject Comment qno. Col.
1 20.11. Cabinet Committees Established practice under Exemption 2 of 81554 204W 02 Code of Practice not to disclose information relating to the proceedings of the Cabinet and its committees [Q related to civil defence]
Ev 4 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
2 16.12. Panel for Panel has been a Cabinet Committee since 87609 608–9W 02 Regulatory July 2001; established practice under Accountability Exemption 2 of Code of Practice not to disclose information relating to proceedings
3 09.01. People’s Panel Membership not disclosed: standard 88822 298W 03 practice for personal details of members of public involved in such research to remain anonymous
4 21.01. Internal advice Information relating to internal advice and 90405 294–5W 03 discussions not disclosed under Exemptions 2 and 7b of Code of Practice [Q related to emergency planning and Scottish Executive]
5 31.01. Special Advisers Breakdown of cost by Department of 92428 1056W 03 Special Advisers not given, to protect privacy of individuals concerned [total cost given]
6 20.03. Cabinet Office staff (a) Reasons for special adviser’s resignation 103623 870W 03 are a private matter: exempt from disclosure under Exemption 12 of Code of Practice
24.06. (b) Disclosure of data on retirements due 111967 662W 03 to mental ill-health could reveal identity of individuals concerned: withheld under Exemption 12 of Code of Practice
7 05.02. Government Car (a) Number of Ministers entitled, because 94994 268W 03 Service of security reasons, to use ministerial cars for all purposes, including party purposes, withheld under Exemption 1(a) of Code of Practice
27.10. (b) Not appropriate for security reasons to 134366 55W 03 provide details of cars used by individual holders
8 05.03. Civil Service Breakdown of staff in SCS of known Asian 100593 1028– 03 ethnic origin by department not given 9W (overall total given) because information is supplied in confidence, numbers are small and rules on disclosure apply
Ministerial Accountability and Parliamentary Questions: Evidence Ev 5
No. Date Subject Comment qno. Col.
9 20.03. Precedents Book Book relates to internal discussion and 103990 870W 03 advice: not disclosed under Exemption 2 of Code of Practice
10 21.03. Meetings Not Government practice to release details 103622 959W 03 of specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
11 01.09. Discussions Not normal practice to disclose details of 124782 692W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
CHURCH COMMISSIONERS
No. Date Subject Comment qno. Col.
1 10.03. Estate income Precise figures for income from estates not 101635 14W 03 published: commercially sensitive
DEPARTMENT FOR CONSTITUTIONAL AFFAIRS and formerly LORD CHANCELLOR
No. Date Subject Comment qno. Col.
1 18.12. Legal aid Inappropriate to comment on individual 87059 861W 02 legal aid applications
26.03. [Re-iterated, in relation to comment on 96805 272W 03 decisions made about grant or refusal of legal aid in individual cases]
Ev 6 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
2 26.03. Assets Recovery “Not appropriate” to indicate whether the 96804 272W 03 Agency Agency is carrying out an investigation in respect of any particular individual
3 28.04. Departmental Copies of internal telephone directory not 101789 78W 03 phone book placed in Libraries of both Houses [key contact details available]
4 01.09. Discussions Not normal practice to disclose details of 124784 32W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
5 06.10. Judges’ lodgings Individual capital values of lodgings 123202 1042W 03 considered to be commercially confidential: disclosure could affect Department’s negotiating position in any plans to rationalise the estate: Exemption 7 of Code of Practice cited
CULTURE, MEDIA AND SPORT
No. Date Subject Comment qno. Col.
1 21.11. BBC Approvals for BBC Worldwide commercial 81827 + 232W + 02 activities contain commercially sensitive 80436 233W information
2 27.01. Public (a) Names of applicants for chairmanship 93131 531W 03 appointments of English Tourism not released in interests of confidentiality
27.01. (b) Names of interview panel members for 93132 531W 03 chairmanship of English Tourism not released to avoid risk of unwarranted pressure
Ministerial Accountability and Parliamentary Questions: Evidence Ev 7
No. Date Subject Comment qno. Col.
3 20.03. Special Advisers (a) Reasons for an adviser’s resignation are 103621 898W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
25.06. (b) Details of remuneration not disclosed in 112461 816W 03 order to protect privacy of individual concerned: Exemption 12 of Code of Practice
4 25.03. Meetings Not normal practice to release details of 103620 163–4W 03 specific meetings or their content: withheld under Exemptions 2 and 7 of Code of Practice
5 18.06. Digital television Regional breakdown of take-up of digital 119648 229W 03 television services is commercially sensitive and confidential to television companies
6 23.06. York Minster Application form and supporting papers 118761 544W 03 Library submitted to Heritage Lottery Fund contain “information that would be considered exempt from disclosure” under Code of Practice: not appropriate to place them in the House of Commons Library
7 17.07. Discussions Not normal practice to disclose details of 124780 565W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
DEFENCE
No. Date Subject Comment qno. Col.
(1) Iraq
Ev 8 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
1 27.11. No-fly zones Details of methods of detecting violations 83246 330W 02 withheld under Exemption 1 of Code of Practice
2 03.12. Costs (a) Cost of preparations for possible war in 84133 695W 02 Iraq withheld under Exemption 1 of Code of Practice 11.12. Clarification: withheld under Exemption 86047 346W 02 1(a)
24.03. (b) Breakdown of cost of Operation Telic 104315 17W 03 withheld under Exemption 1 of Code of Practice [forecast of total figure for 2002– 03 given]
3 14.01. US approach for Details of approach by US for support in 89881 550W 03 support the event of military action in Iraq withheld under Exemption 1 of Code of Practice
4 15.01. Planning and Inappropriate to release details of military 90327 637W 03 timings for planning and timings for possible deployment deployment in Gulf: Exemption 1 of Code of Practice
5 16.01. Iraqi declaration in Number of MoD and other personnel 88959 706W 03 response to UN engaged in translating and analysing Iraqi Resolution 1441 declaration in response to UN Security Council resolution 1441 withheld: Exemption 1a of Code of Practice
6 28.01. Desert equipment Information on stocks and units to which 91046 834W 03 desert equipment is being issued withheld under Exemption 1 of Code of Practice
7 03.02. Assessment of Details of assessment of level of threat to 94533-4 57W 03 threat to UK assets UK assets withheld under Exemption 1 [Q related to threat to naval forces and warships in Gulf]
8 03.02. Food supplies Details of quantity of food to support 93413 65W 03 British Forces in Gulf not given, under Exemption 1 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 9
No. Date Subject Comment qno. Col.
9 07.02. Merchant ships Names of merchant vessels chartered for 95672 464W 03 use in Mediterranean/Gulf regions withheld under Exemption 1 of Code of Practice [numbers and flag states given]
10 25.02. Damage to civilian (a) Strategy for minimising risk of damage 97482 442W 03 infrastructure and to civilian infrastructure withheld under historic sites Exemption 1 of Code of Practice
25.02. (b) Strategy for minimising risk of damage 97871 443W 03 to civilian sites withheld under Exemption 1 of Code of Practice [Q related to protection of ancient cities and monuments]
11 24.03. Surveillance Details of surveillance equipment deployed 104229 12–13W 03 equipment in Iraq withheld under Exemption 1 of Code of Practice
2112 01.04. Deaths of Iraqi “Not helpful” to publish daily details of 105563 651W 03 civilians deaths and injuries sustained by Iraqi civilians before information has been verified
13 01.04. Battle damage Inappropriate to make assessments 105543 650–1W 03 assessments available as information would be provided to Iraq: withheld under Exemption 1 of Code of Practice
03.06. [Re-iterated] 111366 40W 03
14 08.04. Targeting policy Cannot comment on specifics: withheld 103735 140W 03 under Exemption 1 of Code of Practice
09.04. [Re-iterated] 106357 297W 03
15 28.04. Equipment lost Number of tanks, armoured personnel 107976 55W 03 carriers, land vehicles and aircraft lost during war withheld under Exemption 1a of Code of Practice
16 29.04. Iraqi WMD (a) Precise details of sites not given, 110178 316W 03 weapons because of “potential for evidence to be disturbed”
Ev 10 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
29.04. (b) “Inappropriate at this stage” to release 110178 316W 03 information on evidence of Iraqi WMD programmes, as it could be incomplete or inaccurate
03.06. (c) Sources of information on Iraqi 113537 295–6W 03 development programmes would include and sensitive sources covered by Exemptions 1, 114518 4 or 14 of Code of Practice: not disclosed
03.06. (d) Details of investigations conducted at 112479 297–8W 03 sites which may be connected to programmes to develop WMD not given “as investigations may require more than one visit and there is a potential for evidence to be disturbed”
19.11. (e) Details of components of British 131485 963W 03 manufacture found in vehicles in Iraq suspected of being involved in production of weapons of mass destruction withheld under Exemptions 1b and 1c of Code of Practice; details of companies which manufactured components withheld likewise
17 13.05. Groups for Names of group members not given, as 109214 151W 03 restoration of status of groups not yet formalised administration and services
18 13.05. RN and RFA Specific operational programming dates 111336 156W 03 deployment in Gulf fro Royal Navy and Royal Fleet Auxiliary units in Gulf withheld under Exemption 1a of Code of Practice
19 04.06. Weapons dropped (a) Details of number and value of 110269 445W 03 by Coalition forces depleted uranium weapons dropped by UK forces withheld under Exemption 13 of Code of Practice
05.06. (b) No comment on number of munitions 116815 507W 03 used in Iraq by countries other than UK
Ministerial Accountability and Parliamentary Questions: Evidence Ev 11
No. Date Subject Comment qno. Col.
10.07. (c) Information on number of bombs 113261 938W 03 dropped in Iraq conflict which hit their intended target withheld under Exemption 1a of Code of Practice
20 04.06. Mr Hamoudi Copies of correspondence from Mr 111108 445–6W 03 Hamoudi to General Officer Commander 1 (UK) Division withheld under Exemption12 of Code of Practice
21 09.06. Tomahawk missiles Numbers of Tomahawk missiles fired by 111839 + 652W + 03 submarines during operations in Iraq 112257 655W withheld under Exemption 1 of Code of Practice
22 20.06. Targets hit by Information on targets hit during invasion 117626 518W 03 Cruise missiles of Iraq withheld under Exemption 1a of Code of Practice
23 30.06. Desert boots and Contract price and final cost of boots and 120730 46W 03 uniforms uniforms for use in Iraq withheld under Exemption 13 of Code of Practice
24 15.07. British forces in Inappropriate to comment on ongoing 115325 202W 03 Basra investigations into incidents of possible war crimes or crimes against humanity involving British forces during recent operations in Iraq
25 01.09. Political advisers on Details of individuals serving as political 126101 915W 03 Operation Telic advisers on operation Telic withheld under Exemption 12 of Code of Practice
26 01.09. Deaths of RMP Incident is still being investigated: 123348 905W 03 soldiers in Iraq on inappropriate to comment at this stage on June 24 circumstances
06.11. [Re-iterated: not appropriate to comment 131785 770W 03 while investigation by SIB is under way]
27 15.09. Inquiries into Reports of internal Service inquiries not 128520 509W 03 friendly fire published in their entirety in order to incidents encourage witnesses to come forward and speak with candour
Ev 12 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
28 18.11. Inquiries and Details of inquiries and investigations, 131994 752W 03 investigations beyond those given in Answer, withheld relating to under Exemptions 1 and 12 of Code of operations in Iraq Practice
29 20.11. UK civilians in Iraq Inappropriate to provide details of precise 137900 1252W 03 measures in place to protect British citizens: Exemption 1 of Code of Practice cited
(2) Equipment and hardware (ships/aircraft/tanks/ammunition/kit etc.) which is being procured, is in-service or is being developed/refitted
1 25.11. Ex-RSA Puma Timetable for delivery into service of 81663 9W 02 helicopters refurbished helicopters is commercially sensitive: withheld under Exemption 13 of Code of Practice
2 25.11. Submarines/SSNs (a) Cost of refurbishment of Upholder class 82143 11W 02 submarines commercially sensitive: withheld under Exemption 13 of Code of Practice
02.12. (b) Specific operational status of 84368 475/6W 02 submarines fitted for Tomahawk missiles classified: withheld under Exemption 1 of Code of Practice
15.01. (c) Details of refits planned to start beyond 90333 638W 03 2003 withheld under Exemption 1 of Code of Practice
15.01. (d) Details of operational status and 90334 638W 03 tasking of each Tomahawk-capable submarine withheld under Exemption 1 of Code of Practice
03.02. (e) Operational status of each submarine 94552 67W 03 withheld under Exemption 1 of Code of Practice
24.02. (f) Details of Upkeep Periods (i.e. of major 98241 311W 03 refit and refuel) beyond 2003 withheld under Exemption 1 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 13
No. Date Subject Comment qno. Col.
3 28.11. Military vehicle Information relating to proposed 81694 377W 02 contracts purchases for Special Forces withheld under Exemption 1 of Code of Practice
4 02.12. Royal Navy (a) Full details of capability withheld under 84363 488W 02 capability Exemption 1 of Code of Practice (PQ related to fitting warships for protection against suicide attacks)
20.01. (b) Details of fitting of vessels with 91237 61W 03 weapons, and numbers and types carried by each vessel is classified information: withheld under Exemption 1 of Code of Practice
5 02.12. Challenger 2 tank (a) Details of contracts with Alvis Vickers 84291 472W 02 Ltd since October 2002 withheld under Exemption 1 of Code of Practice
05.12. (b) Details, cost and timescale of 02 modification work withheld under 85362 927W Exemption 1 of Code of Practice
11.12. [Re-iterated] 86310 343W 02
09.12. (c) Disclosure of number of tanks modified 83975 2W 02 to improve performance in desert conditions would compromise operational security
07.01. (d) Improvements to counter-surveillance 87045 77W 03 capacity withheld under Exemption 1 of Code of Practice
17.07. (e) Information on operational period for 125966 488W 03 NEC filtration system withheld under Exemption1 of Code of Practice
6 05.12. Hercules C13J Cost of moving simulators to Brize Norton 85287 929W 02 simulators commercially sensitive: withheld under Exemption 7
Ev 14 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
7 09.12. RoRo strategic Information on total payments is 85383 19W 02 sealift programme commercially sensitive: withheld under Exemption 7 of Code of Practice
8 12.12. Ammunition (a) Details of stockpiles withheld under 86300 410W 02 Exemption 1 of Code of Practice
04.02. [Re-iterated] 95116 170W 03
14.03. [Re-iterated in relation to cluster bombs] 102358 430W 03
17.12. (b) Information on tonnage brought into 86564 711W 02 UK withheld under Exemption 1 of Code of Practice
18.12. (c) Information on numbers of cruise 87918 806W 02 missiles held and state of readiness withheld under Exemption 1 of Code of Practice
07.01. [Reiterated] 89276 77W 03
04.02. (d) Disclosure of details of munitions 94576 175W 03 available for deployment to Gulf could undermine defence capabilities: withheld under Exemption 1 of Code of Practice [Q related to JDAMS]
24.02. (e) Specific information relating to planned 97196 142W 03 stocks withheld under Exemption 1 of Code of Practice
05.03. (f) Details of stocks of DU weapons 100278 1039W 03 available to UK forces in Gulf withheld under Exemption 1 of Code of Practice
16.05. (g) Details of unit cost, numbers and 111838 458W 03 budget in financial years to 2006 of “smart munitions” withheld under Exemptions 1 and 13 of Code of Practice [but list of such munitions held in UK inventory given]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 15
No. Date Subject Comment qno. Col.
20.06. (h) Percentage of available stocks of 113263 516W 03 precision guided munitions and non- precision guided munitions used during Iraq conflict withheld under Exemption 1 of Code of Practice
23.10. (i) Information on numbers of rounds of 133712 656W 03 DU munitions deployed to Gulf region in 2002 and 2003 withheld under Exemption 13 of Code of Practice
9 16.12. Sea Harrier FA2 Details of performance against MiG 29 86443 519W 02 aircraft during Exercise Lone Kestrel withheld under Exemptions 1a and 1b of Code of Practice
10 18.12. AS90 Divulging timescale for completion of 87042 805W 02 environmental enhancements to AS90 would risk jeopardising contingency planning and harming operational security: withheld under Exemption 1 of Code of Practice
11 27.01. NBC suits Details of stocks withheld under 92135 641–2W 03 Exemption 1 of Code of Practice
12 29.01. Blood and plasma Details of stocks of blood and plasma 93594 858W 03 withheld under Exemption 1 of Code of Practice
13 29.01. Nuclear weapons (a) Details of whether nuclear weapons 92307 884–5W 03 materials or components have been exchanged or traded between UK and USA withheld under Exemption 1 of Code of Practice [Answer given on transfer of nuclear weapons]
27.10. (b) Not in the interests of national security 133757 7W 03 to set a precise figure for number of operationally available nuclear warheads: withheld under Exemption 1 of Code of Practice
27.10. (c) Information on yield of warheads 133758 7W 03 deployed on UK Trident missiles withheld under Exemption 1 of Code of Practice
Ev 16 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
14 12.02. Ptarmigan Details of modifications withheld under 95189 747W 03 communication Exemption 1 of Code of Practice system
15 13.02. Eurofighter Expenditure in future years on project 95780 868W 03 withheld under Exemption 2 of Code of Practice
16 24.02. Chemical/biological Details of new systems to be available for 97495 138W 03 weapon detection any military action in Iraq withheld under systems Exemption 1 of Code of Practice
17 24.02. HPM electro- Details of discussions with US Government 97231 137W 03 magnetic pulse on weapon withheld under Exemption 1 of weapon Code of Practice
18 24.02. Procurement (a) Details of cost overruns and delivery 96819 300W 03 projects delays in projects estimated to cost £100 million or more could only be provided at disproportionate cost: Exemption 9 of Code of Practice applies
04.11. (b) Information on procurement projects 133042 616–7W 03 involving production of parts outside the UK could only be provided at disproportionate cost: Exemption 9 of Code of Practice cited
19 24.02. Unmanned air Technology Readiness Assessment withheld 97192 312W 03 vehicles (UAVs) for under Exemption 13 of Code of Practice, Watchkeeper relating to third party commercial confidences
20 13.03. A400M aircraft Unit price information withheld under 102574 381W 03 Exemption 13 of Code of Practice: third party commercial confidences
21 29.01. Cluster bombs (a) Details of whether cluster bombs form 93938 858W 03 part of ordnance package supplied for possible use in Gulf withheld under Exemption 1a of Code of Practice
14.03. (b) Details of precise numbers held could 102358 430W 03 be of use to a potential adversary: withheld under Exemption 1 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 17
No. Date Subject Comment qno. Col.
22 14.03. Jaguar combat Information on number licenced for 102045 434W 03 aircraft production in India withheld under Exemptions 1b, 3 and 14 of Code of Practice
23 19.03. Landing Platform Not appropriate to disclose extent of cost 102415 779– 03 Dock (Replacement) overrun: commercially confidential and 80W programme withheld under Exemption 13 of Code of Practice
24 26.03. Air defence radar Details of enhancements withheld under 104340 220W 03 Exemption 1 of Code of Practice
25 21.05. Marine services To divulge information on current 114335 783–4W 03 expenditure could prejudice PPP/PFI acquisition programme currently under way: information withheld under Exemption 7 of Code of Practice [Q related to naval navigational aids]
26 04.06. Procurement from Value of individual contracts not disclosed, 115039 446–9W 03 firms employing under Exemption 13 of Code of Practice members of [total figure for 2002-03 given, however] MoD/Industry Commercial Policy Group
27 13.06. Type 23 frigates Details of which Type 23 frigates to be 117493 1117W 03 retrofitted with communications band electronic support measures systems withheld under Exemption 1 of Code of Practice
28 20.06. HMS Tireless Information on precise nature of free- 118359 515W 03 floating object struck by HMS Tireless withheld under Exemption 1a of Code of Practice, relating to national security
29 25.06. Surplus equipment (a) Details of revenues received from 119992 876W 03 disposal of surplus equipment are matters of commercial and customer confidentiality: not disclosed under Exemptions 1 and 13 of Code of Practice [Q related to sale of HMS Sheffield]
Ev 18 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
09.07. (b) Details of purchasers of surplus 124257 806W 03 equipment are a matter of commercial and customer confidentiality: withheld under Exemptions 12 and 13 of Code of Practice
30 04.07. Vessel repairs Value of individual contracts for repair of 123741 500W 03 listed naval vessels withheld under Exemption 13 of Code of Practice: commercially confidential
31 08.09. HMS Echo and HMS Assessment of extent to which Vosper 127189 43–4W 03 Enterprise Thornycroft is responsible for delays in building vessels withheld under Exemption 7 of Code of Practice
(3) MoD/HM Forces personnel issues
1 25.11. MoD staff (a) Names of MoD personnel (including 82345 + 10–12 W 02 those on secondment) withheld under 82388 Exemption 12 of Code of Practice, except where seniority or nature of post warrants a formal announcement (some information given)
20.03. (b) Reasons for a special adviser’s 103619 889W 03 resignation are a private matter: exempt from disclosure under Exemption 12 of Code of Practice
23.06. (c) Details of individual salaries not 112460 538–9W 03 disclosed in order to protect privacy of individuals concerned: Exemption 12 of Code of Practice [Q related to Special Advisers]
01.09. (d) Not practice to comment on an 125923 892W 03 individual soldier’s postings: Exemption 12 of Code of Practice cited
2 26.11. Pension provision Employment rights (including right to a 83044 170W 02 for part-time pension) of part-time soldiers in Royal Irish soldiers Regiment currently subject of applications to Industrial Tribunal
03.06. [Re-iterated] 115998 300W 03
Ministerial Accountability and Parliamentary Questions: Evidence Ev 19
No. Date Subject Comment qno. Col.
3 02.12. Deaths in HM (a) Small numbers of suicides/self-inflicted 83813 484/5W 02 Forces deaths; release of information on whether individuals (i) were involved in disciplinary proceedings either as a witness or facing charges, (ii) had gone AWOL and (iii) had sought or received counselling would breach rules of anonymity and confidentiality; withheld under Exemption 12 of Code of Practice
12.12. (b) Information relating to police 86275 + 427W 02 investigations and boards of inquiry into 86586 deaths of service personnel not normally placed in public domain; death of Private David Shipley under investigation by Royal Military Police Special Investigation branch; inappropriate to release information
17.12. (c) Release of information on deaths at 86050 712W 02 Dalton Barracks, Abingdon, would allow identification of individuals: information withheld under Exemption 12 of Code of Practice
06.02. (d) Investigation into death at Normandy 94717 403–4W 03 Barracks is under way by civilian police: not appropriate for MoD to comment further
03.03. (e) Deaths at Deepcut barracks being 99870 819– 03 investigated by Surrey police: 20W inappropriate to comment on specific circumstances while investigations continue
14.05. (f) Deaths of Sapper Allsopp and Staff 112486 269W 03 Sergeant Cullingworth in Iraq still under investigation: inappropriate to comment further at this stage
07.07. (g) Circumstances surrounding death of 123902 590W 03 Sapper Philip Eden are subject of police investigation: inappropriate to comment at this stage
08.09. (h) Providing details of deaths of individual 123950 2W 03 trainees would compromise service personnel confidentiality
Ev 20 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
15.10. (i) Inappropriate to comment on 125986 244W 03 circumstances of death of Marine Maddison while Service Police investigation is continuing
20.10. (j) Inappropriate to comment on 132193 371W 03 circumstances of death of Corporal Thomas Rees while investigations are under way
4 09.12. Harassment/ (a) Disclosure of location of incidents of 86131 9W 02 bullying of MoD alleged bullying of Army Welfare Service staff staff would allow identification of individuals: withheld under Exemption 12 of Code of Practice (privacy of an individual)
25.02. (b) Information about compensation paid 97832 439W 03 to victims of bullying could lead to identification of individuals: not released to protect confidentiality and in compliance with Data Protection Act
5 12.12. War disablement Disclosure of records relating to 85667 422W 02 pension entitlement prohibited under Data Protection Act 1998 (Answer relates specifically to Mr J Wakefield)
6 16.12. Discharges Break-down by Regiment of soldiers 87255 514–5W 02 discharged following Manning Control Review, subsequently transferred to an S- type and then discharged would allow identification of individuals: withheld under Exemption 12 of Code of Practice
7 16.12. Sergeant Major Information on service career and postings 86079 519W 02 Andrew Gavaghan (i) is protected by Data Protection Act 1998 and cannot be released without consent; and (ii) withheld to protect privacy of an individual under Exemption 12 of Code of Practice
8 03.02. S-type contracts Breakdown by regiment/corps of soldiers 92703 64W 03 employed on S-type contracts at rank of corporal and above withheld under Exemption 12 of Code of Practice, as it would identify individuals
Ministerial Accountability and Parliamentary Questions: Evidence Ev 21
No. Date Subject Comment qno. Col.
9 04.02. Civilian Medical Not MoD policy to release or discuss 94714 172W 03 Practitioner at information relating to an identifiable Deepcut Barracks individual without their consent, for reasons of confidentiality and data protection; also Exemption 12 of Code of Practice [Q related to reasons for suspension of postholder, their salary and payments made to them]
10 06.02. Death of Mr Nick Investigation under way by civilian police: 94716 403W 03 Woodward not appropriate for MoD to comment further
11 24.02. UK personnel Service and rank of individuals serving as 98718 304W 03 serving with US British Exchange Officers with US units units being deployed (or warned to deploy) to SW Asia, the Gulf region and the Middle East withheld under Exemption 1 of Code of Practice (total figure given)
12 24.02. Private Steven Information on number of days that 97831 140W 03 MacNaughton Private MacNaughton was missing on leave—and subsequent disciplinary action—withheld under Data Protection Act 1998 and Exemption 12 of Code of Practice
13 09.06. Death benefits Amount offered as ex-gratia award to 116145 649– 03 unmarried partner of serviceman who died 50W in service before the change in policy on 20 March not disclosed: “ a matter for the individual concerned”
14 09.09. Dr David Kelly (a) Information on when Dr Kelly met Mr 126330 292W 03 Andrew Gilligan has been passed to the Hutton Inquiry: withheld under Exemption 4a of Code of Practice
09.09. [Re-iterated] 127156 310W 03
09.09. (b) Information on whether the MOD has 127159 310W 03 complied with Dr Kelly’s terms and conditions of employment has been passed to the Hutton Inquiry: withheld under Exemption 4a of Code of Practice
Ev 22 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
09.09. (c) Information on inquiries being 127157– 310W 03 conducted by MoD into unauthorised 8 briefings to BBC and on interviews of MoD personnel has been passed to the Hutton Inquiry: withheld under Exemption 4a of Code of Practice
09.09. (d) Information on what MoD and Civil 127155 310W 03 Service rules might have been infringed by Dr Kelly has been passed to the Hutton Inquiry: withheld under Exemption 4a of Code of Practice
09.09. (e) Information on which journalists Dr 126331 311W 03 Kelly met in the past two years, other than Mr Gilligan, for what purpose and on what date has been passed to the Hutton Inquiry: withheld under Exemption 4a of Code of Practice
15 16.09. Charmaine Maeer Not possible to make public personal 128809 704W 03 details concerning Ms Maeer’s discharge and pension without her written consent
16 20.10. Private Peter Not possible to make public personal data 132479 375W 03 Watson relating to Private Watson unless conditions under Data Protection Act 1998 are met
17 23.10. Lance Corporal Unable to make public personal data, in 132194 + 658W 03 Graham accordance with Data Protection Act 1998 132197
(4) MoD/agency estate
1 07.01. Dockyard Specific amounts claimed from developers 87795 45W 03 development of Gunwharf Site withheld under (Portsmouth) Exemption 13 of Code of Practice (third party commercial confidences)
2 16.01. Dstl sites (a) Capital value of contract to refurbish 89814 702W 03 Portsdown Main site commercially confidential: withheld under Exemption 13 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 23
No. Date Subject Comment qno. Col.
16.01. (b) Financial appraisal and review by MoD 89831 703W 03 Senior Economic Adviser of decision to move to Portsdown Main site is commercially sensitive: withheld under Exemption 13 of Code of Practice
13.06. (c) Comments from individual members of 118898 1111W 03 staff on Dstl Site Rationalisation Consultation Document relate to their personal circumstances: withheld under Exemption 12 of Code of Practice
3 07.02. Water abstraction (a) Locations of boreholes in Wiltshire 95436 466W 03 boreholes on MoD withheld under Exemption 1 of Code of land Practice
08.04. (b) Abstraction rate from individual 98649 145W 03 boreholes has security implications: withheld under Exemption 1 of Code of Practice
4 24.02. Aquila site Details of sale value of Aquila site (Qinetiq) 98039 141W 03 withheld under Exemption 13 of Code of Practice: commercially confidential
5 21.05. Former TA sites Sale prices for individual sites withheld 113042 787–8W 03 under Exemption 13 of Code of Practice [total figure given]
6 01.09. RAF Lyneham (a) Assessment of socio-economic impact of 126363 918W 03 options for RAF Lyneham withheld under Exemption 7 of Code of Practice
23.10. (b) Study of commercial potential of RAF 132932 660W 03 Lyneham withheld under Exemption 13 of Code of Practice
7 05.11. Disused Army Internal valuation of surplus sites withheld 135863 633–4W 03 barracks under Exemption 7 of Code of Practice
(5) Miscellaneous
Ev 24 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
1 20.11. IT security Not policy to make detailed comment on 80778 118W 02 protection measures applied to communications and information systems, or on techniques such as computer hacking, as it would assist potential enemies
2 25.11. Intelligence (a) Communications between UK and 82566 12W 02 foreign governments are confidential and are withheld under Exemption 1 of Code of Practice
06.05. (b) Joint Services Group: information on 110864 574W 03 number of covert intelligence sources and handled, head of the group and secretariat 111640 withheld under Exemption 1a of Code of Practice
19.05. Remit of JSG withheld under Exemption 1a 112522 580W 03 of Code of Practice
16.05. (c) Number of agents and covert human 112277 450–1W 03 intelligence sources receiving pensions withheld under Exemption 1a of Code of Practice
16.05. (d) Cost of 14th Intelligence Unit, Forward 112523 451W 03 Reconnaissance Unit, Force Research Unit and the Joint Services Group withheld under Exemption 1a of Code of Practice
16.05. (e) Mission of Force Research Unit withheld 112520 451W 03 under Exemption 1a of Code of Practice
16.05. (f) Names and date of establishment and 112521 451W 03 disbanding of predecessor and successor bodies to the Force Research Unit withheld under Exemption 1a of Code of Practice
3 27.11. Marine Odyssey Licence Agreement with MOEI for salvage 82984 323W 02 Exploration Inc. on wreck believed to be “Sussex” will not be placed in Library: Exemption 13 of Code of Practice, commercial confidences of a third party (some documents made available, however)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 25
No. Date Subject Comment qno. Col.
4 27.11. Operation Report withheld under Exemption 14 of 81327 335–6W 02 Sandcastle (post- Code of Practice in order to protect Gulf War) confidentiality of those who made statements
5 02.12. Helsinki Headline EU document; not for MoD to publish; 84873 479W 02 Catalogue 2002 withheld under Exemptions 1a and 1c of Code of Practice
6 10.12. Response capability (a) Precise details of units and personnel 84529 223–4W 02 and planning forming CBRN response capability withheld under Exemption 1a of Code of Practice
04.02. (b) Details of capability in response to 95184 177W 03 terrorist incident withheld, in accordance with Exemption 1a
18.03. (c) Details of contingency plans for 103410 624W 03 specialist armed forces response withheld under Exemption 1a of Code of Practice
7 12.12. Reserve forces: Annual per capita cost by rank for 86395 424–5W 02 annual cost Territorial Army and Royal Auxiliary Air Force not provided because not held centrally: Exemption 9 of Code of Practice (NB Royal Navy Reserve FTRS rates are given)
8 12.12. States of alert Details of states of alert across defence 86448 417W 02 sectors withheld under Exemption 1
9 17.12. QinetiQ (a) Information on savings in respect of 87135 722W 02 Test and Evaluation contract agreed with Qinetiq but not already announced are commercially confidential
17.12. (b) Details of adjustments to reflect 87551 722–3W 02 differences in valuation of Qinetiq before sale and actual receipt to MoD are commercially sensitive
Ev 26 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
17.12. (c) Full details of conditions to be satisfied 87551 722–3W 02 between signing and formal completion of contract are commercially sensitive: withheld under Exemption 13 of Code of Practice
17.12. (d) Copy of Carlyle group bid to become a 87551 722–3W 02 strategic partner in Qinetiq withheld under Exemption 13 of Code of Practice
13.01. (e) Details of value of certain specified sites 87714 405W 03 scheduled for disposal withheld under Exemption 13 of Code of Practice: commercially confidential
12.03. (f) Long-term partnering agreement with 101992 278W 03 Qinetiq remains commercially sensitive: withheld under Exemption 13 of Code of Practice
10 07.01. Security (a) Details of increases in security levels at 88400 46W 03 RAF Menwith Hill and RAF Fylingdales withheld under Exemption 1 of Code of Practice
05.02. (b) Details of security categorisation of 95179 289W 03 establishments and associated inspection regime, and frequency of inspections, withheld under Exemption 1 of Code of Practice
10.02. (c) Detail of measures to protect security of 96512 504W 03 military personnel and cargoes on merchant ships withheld under Exemption 1 of Code of Practice [outline given]
11.02. (d) Not Government policy to comment on 96939 637W 03 specific security measures at MoD facilities and bases: withheld under Exemption 1 of Part II of Code of Practice
28.04. [Re-iterated in relation to incident at 109638 151W 03 Devonport Dockyard]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 27
No. Date Subject Comment qno. Col.
17.03. (e) Details of security measures at part- 103050 531W 03 time ranges withheld under Exemption 1 of Code of Practice
09.06. (f) Precise information about security 117497 649W 03 measures for British warships in visiting foreign ports withheld under Exemption 1 of Code of Practice [General answer given]
18.11. (g) Inappropriate to provide details of 132122 758W 03 security measures for British citizens in Forces’ care, for reasons of operational security: withheld under Exemption 1 of Code of Practice
11 08.01. Cabinet Committees Established practice under Exemption 2 of 88455 223W 03 Code of Practice not to disclose information relating to proceedings of the Cabinet and its Committees
12 13.01. Special forces Longstanding policy never to comment on 89854 404W 03 activities of special forces: details of special forces operations in Iraq withheld under Exemption 1 of Code of Practice
07.07. [Re-iterated in relation to special forces in 123594 586W 03 Afghanistan]
13 16.01. RAF Menwith Hill Details of operational matters and funding 90153 707W 03 withheld under Exemption 1 of Code of Practice: national security
14 20.01. Royal Marine Details of deployment withheld under 91238 61–2W 03 Protection Teams Exemption 1 of Code of Practice
15 21.01. Inframan Ltd Details of payments to Inframan Ltd. since 88640 211W 03 appointment as contractor to RAF Leuchars are commercially confidential: withheld under Exemption 13 of Code of Practice
16 03.02. Seaward defence of Details of capability withheld under 94547 58W 03 Gibraltar and Exemption 1 of Code of Practice Cyprus
Ev 28 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
17 03.02. Capability in Details withheld under Exemption 1 of 94530 60W 03 operations other Code of Practice than in Gulf
18 06.02. International Details of dispute between International 93714 402W 03 Military Services Military Services Ltd. and Government of Iran are commercially confidential [outline given]
19 10.02. Readiness of ships Details withheld under Exemption 1 of 95878 509W 03 Code of Practice
20 11.02. Rules of Routinely classified: disclosure could aid 97294 636W 03 engagement enemy forces: withheld under Exemption 1 of Code of Practice
24.02. [Re-iterated] 98234 306W 03 08.04. [Re-iterated] 107231 141W 03 19.05. [Re-iterated in relation to killing of 111238 587W 03 Saddam Hussein in pursuance of military objectives]
19.06. [Re-iterated in relation to American 119500 349W 03 National Guard and US security personnel at UK bases]
17.11. [Re-iterated in relation to procedures to be 133417 500W 03 followed by UK personnel in Iraq before firing live ammunition at civilians]
21 12.02. Al Yamamah Publication of 1992 NAO report would 96172 737W 03 programme breach pledge of confidentiality: withheld under Exemption 1 of Code of Practice
22 12.02. Royal Yacht Details of proceeds from sale of yacht 95776 738W 03 Britannia withheld under Exemption 13 of Code of Practice
23 12.02. Capita Values of individual contracts with Capita 96757 739W 03 withheld under Exemption 13 of Code of Practice: [total figure and brief description of each contract given]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 29
No. Date Subject Comment qno. Col.
24 13.02. Anthrax vaccine (a) Release of information at this stage on 97307 866W 03 possible source of vaccines found on south coast beaches could prejudice inquiries [Undertaking to write to Member when investigation was complete]
18.03. (b) Breakdown by unit of uptake rate for 102806 633W 03 anthrax immunisation withheld under Exemption 1 a of Code of Practice
25 24.02. Contract with Full details of revenue received from 95887 307W 03 Romania for Romania for handover withheld under handover of HMS Exemption 13 of Code of Practice: Coventry and HMS commercial in confidence (but figure for London Phase 1 given)
26 04.03. Export licences (a) Details of F680 applications are 99304 893W 03 “normally commercially confidential” and not disclosed under Exemptions 13 and 14 of Code of Practice
21.05. (b) Information on licensing decisions of 112483 782W 03 previous administrations not published, “in accordance with established practice”
27 05.03. Anglo-French Letters of Intent agreed at Le Touquet 98814 1037W 03 agreements summit on 4 February not placed in Library: included information received in confidence from French Government. Exemption 1 of Code of Practice cited
28 11.03. USAF B-52 aircraft Details of deployment to British bases 101687 183–4W 03 withheld under Exemption 1 of Code of Practice
29 11.03. RAF Fylingdales (a) Numbers of MoD Police deployed 101688 181W 03 withheld under Exemption 1 of Code of Practice
13.11. (b) Memoranda of Understanding on 138022 434W 03 upgrade of radar—other than that on Ballistic Missile Defence placed in Library on 3 October—remain to be negotiated and remain confidential at this stage
Ev 30 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
30 14.03. RAF Fairford Details of authority given to US for loading 102419 432W 03 cruise missiles onto B52 bombers withheld under Exemption 1 of Code of Practice
24.03. [Re-iterated in terms of confidential 103533 18W 03 documents governing use of RAF Fairford by US Visiting Force]
31 14.03. Offset obligations Details of Industrial Participation (offset) 102077 432W 03 obligations broken down by company withheld under Exemption 13 of Code of Practice [Total figure given]
32 20.03. Internal telephone Circulation of MoD internal directory is 102027 885W 03 directory restricted [implying no copy to be placed in Library, as requested]
33 31.03. Colombia (a) Nature of advice and assistance 105584 491W 03 provided to Colombia confidential: details withheld under Exemption 1 of Code of Practice
11.06. (b) Information on personnel giving advice 118599 + 910–1W 03 to Colombian Government is confidential 118600 between governments: not disclosed under Exemption 1 of Code of Practice
20.06. (c) Nature of military and security advice 120173 507W 03 and assistance given to Colombia is confidential: withheld under Exemption 1 of Code of Practice
16.10. [Re-iterated, although some information 132175 322W 03 given]
34 02.04. Conferences, (a) List of conferences, seminars, 104273 735W 04 exhibitions etc. workshops, exhibitions and press conferences sponsored by MoD in last 12 months could only be provided a6t disproportionate cost: answer not given under Exemption 9 of Code of Practice
28.04. (b) Details of events at which MoD has 107622 50W 03 exhibited in last three years, together with cost and purpose, could only be provided at disproportionate cost: information not provided under Exemption 9 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 31
No. Date Subject Comment qno. Col.
35 28.04. Ministerial visits Details of meetings withheld in accordance 103618 153–4W 03 with Exemptions 2 and 7 of Code of Practice
36 28.04. PFI contracts Results of assessments of robustness of bids 108332 61W 03 for contracts are commercially sensitive: withheld under Exemption 13 of Code of Practice (Q related to Amey plc)
37 08.05. Mr Brian Nelson Information on sums paid to Mr Brian 111851 852W 03 Nelson, his heirs and successors since release from prison in 1997 withheld under Exemption 1a of Code of Practice
38 12.05. Stevens Inquiry (a) Improper for MoD to comment on 112275 39W 03 information in report while criminal investigations are continuing
12.05. (b) Information on instructions received 111853 47W 03 from Sir Hugh Annesley on co-operation with Inquiry withheld under Exemption 4a of Code of Practice: police investigations are continuing
16.05. (c) Inappropriate to comment on inquiry 112548 458W 03 findings relating to the use of informants (including Agent Stakeknife) while inquiries and specific criminal investigations are continuing
39 16.05. Mr Sean Information on payments made to Mr 112549 453W 03 O’Callaghan O’Callaghan withheld under Exemption 1a of Code of Practice
40 19.05. EU/NATO strategic Exchange of letters between NATO 111914 579W 03 partnership Secretary General and Javier Solana on 17 arrangements in March and most detailed implementation crisis management documents were passed in confidence between NATO and EU member states: withheld under Exemption 1 of Code of Practice. [Copies of two named documents not covered by the Exemption placed in the Library]
Ev 32 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
41 03.06. Tasking and Co- Level of MoD representation on group, 116363 302W 03 ordinating group names of officer attended and number of times body met between April and December 1987 withheld under Exemption 1a of Code of Practice
42 11.06. AWE Aldermaston Specific details of visits by US officials 118403 910W 03 withheld under Exemption1 of Code of Practice
43 23.06. Memorandum of Details of memorandum between US and 121274 540W 03 understanding on UK signed on 12 June 2003 withheld under missile defence Exemption 1 of Code of Practice
44 30.06. Surveillance devices Information on whether devices were 120140 47W 03 on MoD property discovered in MoD offices in Whitehall withheld under Exemption 1 of Code of Practice
45 10.07. Weapons dropped Information on accuracy of bombs 115595 937W 03 during Gulf War dropped in Gulf War withheld under Exemption 1a of Code of Practice
46 10.07. Resettlement Value of contract for provision of service 123862 940W 03 Training Centre withheld under Exemption 13 of Code of Practice
47 15.07. NATO reaction force (a) Precise details of UK’s and other 125609 198W 03 nations’ offers of forces withheld under Exemption 1 of Code of Practice
04.11. (b) Detailed information from NATO on 135389 615–6W 03 make-up of Force withheld: Exemption 1 of Code of Practice cited
48 01.09. Discussions (a) Not normal practice to disclose details 124786 902W 03 of internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 33
No. Date Subject Comment qno. Col.
16.10. (b) Content of talks between Prime 132120 324W 03 Minister State/MoD officials and Israeli counterparts withheld under Exemption 1 of Code of Practice
49 18.09. Readiness of each Detailed breakdown of level of readiness 125605 951W 03 service withheld under Exemption 1 of Code of Practice [but proportions at a minimum of medium readiness given]
50 14.10. Microsoft licences Inappropriate to give detailed information 130669 8–9W 03 on budgeting by Department and agencies beyond 2003–04 as negotiations are under way
51 23.10. Contracts to foreign Complete list since 1997 with breakdown 133775 657W 03 companies not provided: disproportionate cost (Exemption 9 of Code of Practice)
52 27.10. US nuclear weapons Not policy to comment on detail of nuclear 133718 8W 03 in UK deployments: information withheld under Exemption 1 of Code of Practice
53 18.11. Defence Details and financial value of individual 138572 757W 03 Diversification contracts resulting from contacts brokered Agency by DDA are subject to confidentiality agreements: withheld under Exemption 13 of Code of Practice
54 20.11. US visiting forces in Costs associated with US visiting forces are 139679 1275– 03 UK confidential: withheld under Exemption 1 6W of Code of Practice [Q related to costs of housing and providing facilities for US nuclear weapons]
Ev 34 Ministerial Accountability and Parliamentary Questions: Evidence
DEPUTY PRIME MINISTER
No. Date Subject Comment qno. Col.
1 07.01. Internal discussion (a) E-mails containing information given by 86500 113W 03 and advice ODPM officials to Fire Service Employers since beginning of 2002 regarding pay dispute withheld under Exemption 2 of Code of Practice: release would be prejudicial to negotiations
01.09. (b) Not normal practice to disclose details 124783 676W 03 of internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
2 13.03. Meetings Not Government’s normal practice to 98578 419W 03 release details of meetings or their specific content: withheld under Exemption 7 of Code of Practice [Q related to Capita]
28.03. [Re-iterated: Exemptions 2 and 7b of Code 94307 486W 03 of Practice cited]
3 11.04. Queen Elizabeth II Centre’s corporate and financial plans not 101707 431W 03 Conference Centre made publicly available “for reasons of commercial sensitivity”
4 23.06. Public officials Personnel records of public officials 111471 646W 03 (including details of remuneration) exempted from disclosure under Exemption 8 of Code of Practice
5 23.06. ODPM staff (a) Personal information about individuals 111471 646W 03 is exempt from disclosure under paragraph 12 of Code of Practice
20.10. [Re-iterated in relation to remuneration of 112458 402W 03 advisers/tsars]
15.07. (b) Inappropriate to give financial details 121795 293W 03 of settlements in equal opportunities, racial discrimination or equal pay cases involving staff of ODPM, agencies or other public bodies
Ministerial Accountability and Parliamentary Questions: Evidence Ev 35
No. Date Subject Comment qno. Col.
6 01.07. Housing Not appropriate to comment on decision in 120686 264W 03 development at respect of planning application while Whinney Carr subject to legal proceedings
7 21.10. Microsoft licensing Budgets for spend in 2003-04 and in future 130667 542W 03 fees years withheld on grounds of commercial confidentiality
EDUCATION AND SKILLS
No. Date Subject Comment qno. Col.
1 05.12. Figures about Not current policy to publish figures about 84567 941W 02 individual schools individual schools without their prior agreement (Question related to receipt of free school meals)
2 16.01. Special Advisers (a) Details of salaries withheld to protect 89337 717W 03 individual privacy
24.06. [Re-iterated: Exemption 12 of Code of 112463 695W 03 Practice cited]
27.03. (b) Reasons for an Adviser’s resignation are 103611 383W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
3 25.02. Electronic Information about framework contracts 99110 469W 03 registration for and short-listed suppliers withheld: schools commercially confidential
4 28.02. Meetings (a) Information about internal meetings 94356 755W 03 not disclosed: Exemption 2 of Code of Practice
26.03. (b) Not normal practice to release details 103357 284–5W 03 of specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
Ev 36 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
5 28.02. Printing costs Costs of printing Departmental White and 94919 756W 03 Green Papers are met by TSO and are not disclosed: Exemption 13 of Code of Practice
6 24.06. Permanently Results of survey conducted in spring 2002 119686 697W 03 excluded pupils not sufficiently robust to provide a reliable picture; not placed in the Library
7 25.06. Building Schools for Risk assessments for process in developing 121000 782W 03 the Future programme are commercials in confidence: release would damage Department’s position in subsequent negotiations
8 03.07. Student loans (a) Percentage resource costs and amounts 122818 440W 03 expected to be repaid or written off are exempt from publication for reasons of commercial confidentiality
03.07. (b) Average net value of existing £1,000 of 122820 440–1W 03 loan exempt from publication for reasons of commercial confidentiality
9 01.09. Discussions Not normal practice to disclose details of 124776 730W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
10 21.10. HEFCE funding for Sensitive student or financial data at 133325 502W 03 medical students at course level for individual institutions not university published [Q related to sums received by individual universities to improve retention of medical students]
29.10. [Re-iterated] 135027 290W 03 10.11. [Re-iterated] 136730 90W 03 18.11. [Re-iterated] 139121 781W 03
Ministerial Accountability and Parliamentary Questions: Evidence Ev 37
ENVIRONMENT, FOOD AND RURAL AFFAIRS
No. Date Subject Comment qno. Col.
1 20.11. Cabinet Committees Established practice under Exemption 2 of 81769 160W 02 Code of Practice not to disclose information relating to the proceedings of Cabinet Committees
2 04.12. Engagements Practice of Secretary of State not to publish 84229 791W 02 her diary
3 12.12. Illegal imports Publication of specific details of staff and 86613 443W 02 ports of operation would benefit smugglers: not disclosed
4 07.03. Beef exports Only one establishment is approved to 99736 1300W 03 export beef produced under Date-based Export Scheme: information about consignments is therefore commercially confidential
5 12.03. Foot and Mouth (a) Nearby farm premises which supplied 96230 262W 03 Disease carcasses for Cleeve Farm pyre site “cannot be named for reasons of confidentiality”
10.11. (b) Information on Foot and Mouth 135916 5W 03 Disease relating to individual premises or farms not released, in accordance with Data Protection Act
6 17.03. Contracts with (a) Terms of contracts are commercially 100458 501W 03 DEFRA suppliers confidential [Q related to Capita]
27.10. (b) Inappropriate to offer public comment 132747 30W 03 on disputes between DEFRA and contractors over claims for work carried out relating to outbreak of Foot and Mouth Disease, in advance of dispute resolution procedure
Ev 38 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
7 25.03. Business areas Business area efficiency plans contain 104372 134W 03 sensitive staffing, commercial and operational information: not appropriate to place them on public record. Approach “is consistent with part 2” of Code of Practice
8 25.03. Special Advisers (a) Reasons for an adviser’s resignation are 103617 135W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
04.07. (b) Details of advisers’ individual salaries 112459 504W 03 not disclosed in order to protect privacy of individuals concerned: Exemption 12 of Code of Practice
9 01.05. State Veterinary SVS reports on welfare of animals are 110063 461–2W 03 Service confidential between SVS and the keeper/owner of the animals concerned: reports cannot be divulged to a third party [Q related to Deer Sanctuary at Baronsdown]
22.05. [Re-iterated and applied to information on 114835 890W 03 dates and times of SVS visits, and numbers, size and condition of deer inspected]
04.06. [Re-iterated and applied to other related 115252 + 409– 03 information] 115254– 10W 7
10 07.05. Research into Certain data (including data on prevalence 111019 720W 03 incidence of TB in of TB in badgers caught in Krebs trial) not badgers disclosed so as not to interfere with participation in, and progress of, trials
11 20.05. Animal traps (a) Performance of trap design is 110751 708W 03 commercially confidential: non-disclosure is in accordance with Environmental Information Regulations
20.05. (b) Details of trap testing not disclosed “in 110753 708W 03 view of security considerations”
12 17.06. Merger of Arla with Correspondence from DTI to Competition 117146 134–5W 03 Express Dairies Authorities concerning merger is commercial and market sensitive: not appropriate to disclose
Ministerial Accountability and Parliamentary Questions: Evidence Ev 39
No. Date Subject Comment qno. Col.
13 14.07. Meetings (a) Not the normal practice of 103616 43W 03 Governments to release details of specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
19.11. (b) Details of preparatory meetings 132714 + 888–9W 03 withheld: Exemption 2 of Code of Practice 132716 cited [Qs related to EU Committee meetings]
20.11. [Re-iterated] 132697– 1212– 03 9 + 25W 132701 + 132706 + 132708– 132713, 132715, 132717– 8
14 14.07. Rural Enterprise Funding for businesses or representative 124722 43W 03 Scheme organisations to assist with marketing initiatives is confidential, as projects are commercial in nature
15 18.09. Sudden Oak Death: Details of individual premises on which 130644– 930W 03 phytophthora infections have been discovered or for 5 ramorum which enforcement notices have been issued are not published, as it “could seriously jeopardise [the Department’s] ability to work with business in relation to the reporting and control” of the disease.
16 06.11. Production Provisions of Data Protection Act 1998 132452 734W 03 payments prevent supply of information on payments to individual farmers unless details are covered by one of the exemptions under the Act
Ev 40 Ministerial Accountability and Parliamentary Questions: Evidence
FOREIGN AND COMMONWEALTH AFFAIRS
No. Date Subject Comment qno. Col.
1 25.11. FCO staff (a) Unwarranted disclosure to a third party 82151 82W 02 of personal information would constitute invasion of privacy; withheld under Exemption 12 of Code of Practice
24.03. (b) Not practice to divulge reasons for 99939 71W 03 senior staff movements [Q related to replacement of Consul General in Dubai]
10.04. (c) Not FCO practice to comment on 108316 370W 03 reasons for resignation of staff, “which are a matter for the individual concerned”
14.05. (d) Disclosure of number of FCO staff who 111962 294W 03 retired on medical grounds due to ill health in past year would infringe individual privacy provisions of Data Protection Acts
01.09. (e) Details of remuneration of Special 112464 789– 03 Advisers withheld under Exemption 12 of 90W Code of Practice
21.10. (f) “not right to make further public 132555 536W 03 comment on the private circumstances of a member of FCO staff” [Q related to HM Ambassador to Uzbekistan]
2 02.12. Missile stocks of Analysis of quantities held by different 84219 526W 02 foreign nations nations would be heavily based on intelligence assessments: withheld under Exemption 1(a) of Code of Practice
3 16.12. Mr Andrew Smith Details of meetings between FCO officials 87233 551W 02 and Mr Smith withheld under Exemptions 1(b) and 14(b) of Code of Practice
4 16.12. Global Crossing Implementation timetable forms part of 86847 552W 02 FCO contract with Global Crossing; withheld under exemption 13 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 41
No. Date Subject Comment qno. Col.
5 16.12. Mr John Details of meetings between FCO officials 82515 552W 02 Bredenkamp and Mr Bredenkamp withheld under Exemptions 1(b) and 14(b) of Code of Practice
6 07.01. Cyprus UN Secretary General has requested that 87496 134W 03 full details of UN negotiating process for settlement in Cyprus remain confidential
7 07.01. Cabinet Committees Policy not to disclose information relating 88461 136W 03 to proceedings of Cabinet and its Committees: Exemption 2 of Code of Practice
8 23.01. Intelligence and (a) Not normally policy to publish 93101 470W 03 security matters intelligence information (Exemption 1(a) of Code of Practice); but information from other sources given [Q related to countries possessing weapons of mass destruction]
Ev 42 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
06.02. (b) Not practice to comment on 95310 385W 03 intelligence matters; Security and Intelligence Agencies are outside scope of Code of Practice, see Part I paragraph 6 (Q related to whereabouts of Osama bin Laden)
10.02. [Re-iterated] 95317 572W 03 10.02. [Re-iterated: not Government policy to 93961 570W 03 comment on activities of UK security services: Part I paragraph 6 of Code of Practice]
5.03.0 [Re-iterated] 100041 1070W 3 28.04. [Re-iterated] (Q related to links between 109326 114–5W 03 Al-Qaeda and a ricin plant in Iraq)
14.07. [Re-iterated in relation to procedures to 123655 46W 03 distinguish between genuine and forged documents or on such documents themselves] 17.07. [Re-iterated in relation to meetings 126464 586W 03 between head of MI6 and Mr John Humphrys] 01.09. [Re-iterated in relation to certain details of 126443 817W 03 visit by Ambassador Wilson of the US to Niger and subsequent discussions]
18.09. [Re-iterated in relation to the validation or 128519 952W 03 protection of intelligence sources]
17.11. [Re-iterated in relation to allegations 138583 659W 03 concerning intelligence and security agencies and Pakistan government premises]
9 03.02. British subjects (a) Details of individual consular cases in 93702 9W 03 imprisoned Saudi Arabia are confidential; these overseas detainees’ wish is that FCO does not discuss their cases in public
06.02. [Reiterated] 95522 386W 03
05.03. (b) Names and length of sentences of 99938 1069– 03 British subjects detained in Middle East 70W withheld under Exemption 12 of Code of Practice (privacy of an individual)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 43
No. Date Subject Comment qno. Col.
10 04.02. Internal documents Document being circulated by Prime 94474 195W 03 Minister’s representative at the Convention, describing role of proposed President of European Council, is an internal document: not appropriate to place in the Library
11 06.02. Guantanamo Bay (a)Details of FCO and Security Service 94762 383W 03 base officials who visited the base withheld: Exemptions 1a and 15 of Code of Practice
16.07. (b) Not appropriate to give details of 125800 398W 03 individual health concerns of British detainees held at Guantanamo Bay, for reasons of confidentiality (Exemption 12 of Code of Practice)
20.11. (c) Not appropriate to disclose detailed 139470 1313W 03 information about dates of meetings with US Administration concerning British nationals detained at Guantanamo Bay: would undermine confidential nature of diplomatic communications
12 24.02. Meetings Not normal practice to release details of 98573 246W 03 specific meetings or their content: Exemption 7 of Code of Practice cited
13 25.02. FCO/British Council (a) Expected proceeds from sales of FCO 98441 431W 03 properties overseas properties where sale is considered, under way or in contract not disclosed: valuations remain confidential until contracts are exchanged in order to maximise returns
28.02. (b) Market value of British Council 98388 764W 03 properties in Spain is regarded as commercially sensitive while options for estate are being reviewed: Minister would write to Member “on a personal basis”
12.05. (c) Information on protective measures at 111479 80W 03 UK embassies overseas withheld for security reasons: Exemption 4(e) of Code of Practice cited
Ev 44 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
17.06. (d) Estimated cost of future construction 118771 139– 03 projects for embassy and high commission 40W accommodation withheld under Exemption 7 of Code of Practice: release could compromise tendering process
20.06. (e) Details of provisionally agreed sale 120282/3 472–3W 03 price for Consul General’s former residence in New York withheld under Exemption 7(a) of Code of Practice: commercially sensitive [Indication that answer can be given once sale is completed]
19.11. (f) Costs of owning Consul-General’s 138139 1059W 03 residence at 4 East 66th Street in New York since relocation of Consul-General not divulged: commercially sensitive
19.11. (g) Costs of residence occupied by Consul- 138140 1059W 03 General in New York since August 2002 not divulged: commercially sensitive
19.11. (h) Figures relating to value and costs of 138141 1059W 03 former and current residences of Consul General in San Francisco not divulged: commercially sensitive
14 11.03. Investigations No appropriate to comment on 101944 160–1W 03 overseas concerning investigations or legal proceedings foreign nationals overseas concerning British or non-British nationals
15 12.03. Export licences Government does not normally comment 96645 287W 03 on specific licences or on discussions with other EU member states
16 12.03. Zimbabwe Details of individual account holders 101778 294W 03 whose assets in the UK and Dependent Territories have been frozen withheld under Exemption 12 of Code of Practice: disclosure would constitute, or could facilitate, an unwarranted invasion of privacy
Ministerial Accountability and Parliamentary Questions: Evidence Ev 45
No. Date Subject Comment qno. Col.
17 25.03. Iraqi declaration to Copy of declaration not placed in Library, 104054 120W 03 UN under Exemption 1c of Code of Practice (information received in confidence from foreign governments, foreign courts or international organisations)
09.04. [Confirmation that document not disclosed 107288 308W 03 because it was provided in confidence]
18 28.03. Entry clearance Not usual practice to disclose details of 105412 421W 03 individual entry clearance cases in a public forum
03.06. [Re-iterated—Minister undertook to write 116502 239W 03 to the Member about the case: Exemption 5 of Code of Practice cited]
04.06. [Re-iterated—Minister undertook to write 116489 433W 03 to the Member about the case: Exemption 5 of Code of Practice cited]
09.06. [Re-iterated—Minister undertook to write 116934– 643–4W 03 to the Member about the case; Exemption 5 5 of Code of Practice cited]
10.11. [Re-iterated—Minister undertook to write 134922 94W 03 to the Member about the case; Exemption 5 of Code of Practice cited]
19 14.04. Exhibitions Full details of exhibitions attended by FCO, 107615 522–6W 03 together with purpose and cost not given because of disproportionate cost: Exemption 9 of Code of Practice cited [Considerable detail given nonetheless]
20 30.04. Mr Raul Fernandes Not appropriate to comment on reasons 108632 395W 03 for dismissal while case is before employment tribunal
21 15.05. Documents in Iraq (a) Assessment of value of documents 113284 404–5W 03 found by Coalition forces in Iraq is an intelligence matter: not the practice of governments to comment on such matters
15.05. (b) Steps being taken to obtain 113285 405W 03 intelligence, military and other documents in Iraq is an intelligence matter: not the practice of governments to comment on such matters
Ev 46 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
05.06. (c) Certain detailed information on 116596 553W 03 documents relating to information obtained from security and intelligence agencies withheld under Exemption 1 and Part 1, paragraph 6 of Code of Practice
05.06. (d) Details of discussions with US 116606 553W 03 government before and during the Gulf conflict on desirability of seizing documents withheld under Exemption1 c of Code of Practice
22 05.06. Meeting in Names of those invited withheld under 114864 553–4W 03 Nassiriya, Iraq on 15 Exemption 12 of Code of Practice April
23 01.09. Coalition Details of members other than those given 126636 806W 03 Provisional withheld under Exemption 12 of Code of Authority Practice
24 01.09. Advice Not the practice of Government to 120813 802W 03 comment on advice given by the Attorney General: Exemption 2 of Code of Practice cited (Q related to legal basis for post- conflict reconstruction of Iraq)
06.10. [Re-iterated in relation to feasibility of 130361 1114W 03 publishing advice given by Attorney- General to UK ambassador to the United Nations: neither substance of advice or fact that Law Officers have been consulted is publicly disclosed: Exemptions 2 and 4d of Code of Practice cited]
15.10. [Re-iterated in relation to memoranda sent 131109 263W 03 by FCO to the Prime Minister between 16 and 19 March on the situation in Iraq: Exemptions 1a, 1b and 2 of Code of Practice cited]
25 01.09. Criminal Not the practice to comment on evidence 125496 812W 03 proceedings against against an individual which may or may individuals not be used in criminal proceedings: Exemption 4a of Code of Practice
26 01.09. Extradition requests (a) Not the practice of Government to 125497 812W 03 comment on whether an extradition request may be made in any individual case: Exemption 4a of Code of Practice cited
Ministerial Accountability and Parliamentary Questions: Evidence Ev 47
No. Date Subject Comment qno. Col.
15.09. (b) Not the practice of Government to 129762 583W 03 comment on whether an extradition request may or may have been received in any individual case
27 09.09. Defence exports Disclosure of types of equipment discussed 127657 282W 03 at meetings with foreign governments not disclosed in order to protect commercial confidentiality and defence procurement strategies of foreign countries: Exemptions 1 and 13 of Code of Practice cited
28 23.10. Health of British Mental health of a British national “is 133396 709W 03 nationals information of a private and confidential nature”
29 29.10. Qatar Policy not to make public details of 134632 277W 03 dialogue with Qatari government on co- operation in effort against terrorism
30 03.11. Uranium from Niger Source of information on alleged attempt 133399 399W 03 by Iraq to obtain uranium not identified: Exemption 1c of Code of Practice cited
31 06.11. Foreign terrorists in Details of Government’s estimate of 135945 820W 03 Iraq numbers of foreign terrorists in Iraq withheld under Exemptions 1 and 2 of Code of Practice
32 10.11. Iraq Survey Group Not appropriate for Government to make 136814 40W 03 a full assessment of interim results of work of Iraq Survey Group while the work is continuing
33 11.11. Iraqi Governing (a) Inappropriate to give details of 135117 198W 03 Council measures—other than those listed in Answer—to protect members of the Council, on security grounds
11.11. (b) Not policy to comment on security 135118 198W 03 measures for individuals [Q related to assassination of Aquila al-Hashimi]
Ev 48 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
34 17.11. Detainees in Iraq US authorities have indicated that they do 13730 661W 03 not comment on cases of individuals detained by them [Q related to Mr Tariq Aziz]
35 17.11. United Nations Details of payments to individuals not 137433 662W 03 Compensation disclosed for reasons of confidentiality Commission [pointer given to source for details of payments to companies and Government departments]
36 20.11. International Content of IAEA report on material 139418 1318W 03 Atomic Energy possibly held by Iran is confidential at this Authority stage
HEALTH
No. Date Subject Comment qno. Col.
1 04.12. Meetings (a) In order to respect confidentiality, not 84453 896W 02 normal practice of governments to release details of specific meetings with private individuals or companies
04.12. [Re-iterated] 84038 914W 02
24.02. (b) Not Government’s normal practice to 95982 26W 03 release details of specific meetings or their content: Exemption 7 of Code of Practice cited
24.02. (c) Information about internal meetings 94327 363–4W 03 not disclosed under Exemption 2 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 49
No. Date Subject Comment qno. Col.
17.06. (d) Names of departmental officials and 109076 162W 03 Powderject representatives present at meetings on specified dates not revealed, as discussions were confidential
08.09. [Re-iterated in relation to names of people 109092 13W 03 present at meeting between Department and Powderject on 22 January 2002]
2 10.12. NHS staff (a) Not prepared to provide further 85084 282W 02 personal information (Q related to Mr Richard Woodfield, a civil servant employed by the Medicines Control Agency: responsibility for regulatory policy on herbal medicines)
28.01. (b) List of NHS posts receiving 92085 820W 03 remuneration in excess of £100,000 in Kent not given, for data protection reasons [total number given, however]
25.03. (c) Reasons for resignation of a special 103607 211W 03 adviser are a private matter: exempt from disclosure under Exemption 12 of Code of Practice
27.10. (d) Names of unsuccessful candidates for 132820 90W 03 appointments not published: duty of confidentiality to all candidates
3 14.01. Nursing recruitment Information on reporting of agencies 84771 535W 03 agencies recruiting foreign nurses for behaviour thought to be inconsistent with Code of Practice withheld: commercial in confidence
4 14.01. NHS Franchising Inappropriate to publish names of 89058 533–4W 03 Register of unsuccessful applicants to Register: Expertise applications were made in confidence
5 20.01. King Edward VII No comment on details of (i) contracts 89933–5 131W 03 Hospital, Midhurst carried out by hospital since 1997 and (ii) possible rescue plan as discussions with liquidator are under way
Ev 50 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
6 29.01. Kava-kava Information on kava-kava medicines with a 91471–2 896–8W 03 marketing authorisation is currently confidential and withheld under Exemptions 10, 13 and 15 of Code of Practice; advice will be published once a regulatory decision has been made
7 29.01. Cabinet and Information on proceedings in Cabinet and 88458 894W 03 Committees in Cabinet Committees not disclosed: Exemption 2 of Code of Practice
8 03.02. Abortions Details of place of termination of 93214/5 99/100 03 pregnancy of girls aged between 12 and 15 W withheld, to protect individual privacy: Exemptions 11b, 12, 14a and 14c
9 06.02. Zyban Certain papers considered by the 93784 457–8W 03 Committee on Safety of Medicines relating to analysis of risk of Zyban anonymised, under Exemptions 13, 14 and 15 of Code of Practice [but papers placed in the Library]
10 10.02. IT projects Guidance to project teams resulting from 94600 594W 03 Gateway Reviews is “held to be commercially confidential by both parties” to maintain integrity of the advice
11 25.02. Treatment of NHS (a) Not appropriate to speculate about 98155 536W 03 patients in Europe plans for using establishments in future “as this may influence the contracting process”
10.04. (b) Costs of specific procedures abroad are 105861 377W 03 commercially sensitive, as a procurement process is under way to identify spare capacity abroad
09.06. [Re-iterated] 114683 692W 03
10.06. [Re-iterated] 116682 835W 03
04.06. (c) Costs of air charter used to transport 114724 501W 03 NHS patients for treatment in Europe are commercially confidential
Ministerial Accountability and Parliamentary Questions: Evidence Ev 51
No. Date Subject Comment qno. Col.
12 26.02. Advice and internal Internal discussion and advice documents 96066 639– 03 documents not published: Exemption 2 of Code of 40W Practice [Q related to Delivery Unit report]
15.07. [Re-iterated in relation to minutes of Joint 123378 231W 03 Planning group]
11.06. (b) Internal documents are “not routinely 110962 936W 03 published”: Exemption 4 of Code of Practice [Copy of advice by Chief Medical Officer on whether SARS should be made a notifiable disease not placed in Library, but Answer offers a statement on contents of advice]
13 03.03. Fraud (a) Not practice to comment on detail of 97531 888W 03 investigations by NHS Counter Fraud Service “for obvious reasons”
28.03. (b) Not practice to comment on whether 99183 448W 03 investigations of fraud in a specific area may or may not be currently taking place
14 07.03. NHS Trusts’ finances (a) Figures for financial outturn of trusts 97947 1276W 03 “could be misleading” and “are for internal discussion and advice only”: “considered exempt” under Part II of Code of Practice
19.05. (b) Unaudited figures on financial position 112470 621W 03 of NHS trusts “considered to be exempt under Part II of Code of Practice”: not published
21.05. [Re-iterated] 102989 854–5W 03
15 14.03. Runwell Hospital Price and other terms of sale are 102152 459W 03 site commercially confidential: not disclosed
16 09.04. Minutes Retrieval of details of which Government 100940 316W 03 Department or agency holds documents from a specified list, and which documents on that list are available for public inspection, “would require an unreasonable diversion of resources”: information not provided under Exemption 9 of Code of Practice
Ev 52 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
17 28.04. Human embryo Details of research licence applications not 108540 89W 03 research released while under consideration for reasons of confidentiality
18 30.04. A&E waits by Information on delays of 15 minutes or 107721 425–6W 03 ambulances more between arrival at A&E and handover of patient is “of poor quality”, “not complete” and not appropriate for publication: Exemption 11 of Code of Practice cited
12.05. [Re-iterated] 111084 101W 03
19 09.06. Hypothermia Numbers of elderly people hospitalised 114759 685W 03 because of hypothermia in Shrewsbury and Shropshire since 1997 not provided because of potential for identification of patient involved/data protection legislation
20 20.06. Griffiths Report Copy of draft report not placed in Library: 119061 482W 03 inappropriate to make publicly available drafts as they are for internal discussion: Exemption 2 of Code of Practice
21 30.06. Inventures (a) Terms of bid for Inventures are 116459 149W 03 commercially confidential: negotiations with preferred bidder are continuing
30.06. (b) Inappropriate to publish independent 114062 155W 03 valuation of Inventures without surplus NHS properties: commercially confidential
22 06.10. Mixed sex wards Department has “no plans to publish the 131034 1322W 03 names of trusts which have yet to meet the target” to end use of mixed sex wards
23 27.10. Gosport War Not appropriate to make further comment 132643 90W 03 Memorial Hospital on deaths of patients at the Hospital: police inquiry under way
24 06.11. Genetics research Names of organisations bidding for 135486 782W 03 research funding not disclosed: bids treated in strict confidence
Ministerial Accountability and Parliamentary Questions: Evidence Ev 53
No. Date Subject Comment qno. Col.
25 19.11. Operations at BUPA Costs to NHS of hip replacement, knee 134950 1104W 03 hospital at Redhill replacement and cataract operations at BUPA hospital withheld: third party commercial confidences: Exemption 13 of Code of Practice cited
26 20.11. Christow Copy of contract between Paddington 132572 1407W 03 health Campus and Christow not placed in Library: would disclose third party commercial confidence: Exemption 13 of Code of Practice cited
27 20.11. Thames Valley Correspondence with Departmental 131909 1410W 03 Strategic Health officials about private diagnostic and Authority treatment centres is still commercial in confidence: not released
28 20.11. PFI projects Details of unitary payments for PFI schemes 136893 1410W 03 which are yet to reach financial close not released: commercially sensitive
HOME
No. Date Subject Comment qno. Col.
1 21.11. Home Office Project Not policy to disclose details of individual 80821 249W 02 Licences applications for licences (but some information given nonetheless)
2 02.12. Legal advice Longstanding convention that content of 84225 + 584W 02 legal advice received is not disclosed: nor is 84228 the fact that advice has been obtained
3 04.12. DCS Elaine Baker Investigation of complaint under way: 83182 869W 02 inappropriate to comment
15.07. Names and details of officers involved in 123696 274W 03 internal police investigation of DCS Baker not disclosed: such officers are often involved in covert policing methods
Ev 54 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
4 04.12. Security service Longstanding policy of successive 82592 + 875W 02 governments neither to confirm or deny 82593 reports concerning Security Service operations
09.12. [Reiterated] 83485–7 108W 02 30.01. [Reiterated, as applying to reports or 94409 1040W 03 allegations concerning the activities of intelligence and security agencies]
07.02. [Reiterated] 95327 477W 03 18.11. [Re-iterated] 138584 834W 03
5 09.12. Tracing paedophiles Not appropriate to give details of ongoing 84547 119W 02 investigations
6 10.12. Experiments on (a) Not policy to disclose details allowing 85070 229W 02 animals identification of where and by whom work licensed under 1986 Act is undertaken
12.12. (b) Inappropriate to comment on matters 86802 + 477W 02 which are the subject of recommendations 86753 in report published in July 2002 by House of Lords Select Committee and which have yet to receive a Government response and be debated upon in the House of Lords
7 10.12. Cabinet and Information on proceedings in Cabinet and 85426 235W 02 Committees in Cabinet Committees not disclosed: Exemption 2 of Code of Practice
15.01. [Re-iterated] 88462 657–8W 03
8 16.12. States of alert Not appropriate to comment on states of 85642 628–9W 02 alert across various sectors, for security reasons
9 16.12. Interception of Policy of successive governments to neither 86184 633W 02 communications confirm nor deny allegations that an individual has been or is subject to an interception warrant
Ministerial Accountability and Parliamentary Questions: Evidence Ev 55
No. Date Subject Comment qno. Col.
10 18.12. Capita (a) Details of penalties incurred by Capita 86720 843W 02 for delay under terms of contract relating to Criminal Records Bureau withheld: commercial in confidence
14.01. [Re-iterated] 87947 590W 03
19.05. Exemption no longer used, in order to 114845 639W 03 serve public interest
24.02. (b) Value of individual contracts with 96756 83W 03 Capita withheld: commercially confidential (total figure given)
12.03. (c) Details of charges made by Capita for 101135 308W 03 Criminal Records Bureau checks are commercially sensitive
22.05. (d) Office of Government Commerce 112065 987W 03 reports on Criminal Records Bureau testing not disclosed in full in order to protect third party commercial confidences: Exemption 13 of Code of Practice cited [Edited version to be placed in Library; consideration will be given to releasing full version once contract negotiations with Capita have been concluded]
03.06. (e) Evaluation of end-to-end acceptance 112066 142–3W 03 test run by Capita in November 2001 not placed in Library because of commercial sensitivity: Exemption 13 of Code of Practice cited
11 22.05. Criminal Records Information on deficiencies in 112097 987W 03 Bureau documentation system not disclosed: “not appropriate at this stage to prejudge the outcome of negotiations” with the contractor
12 04.03. Carter Report Full recommendations and conclusions 99690 969W 03 “took the form of advice to Ministers and included matters which are commercially confidential”; main findings outlined in Written Statement and have been placed in Library
Ev 56 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
13 09.12. Asylum (a) Payments under terms of contract for 84652–5 109W 02 accommodation provision of accommodation for destitute asylum seekers is commercial in confidence [Q related to Clearsprings]
10.12. [Re-iterated] 86208 230W 02 03.03. [Re-iterated in relation to NASS payments 99077 824W 03 to local authorities]
19.03. [Re-iterated in relation to NASS contracts 102907 817W 03 with providers]
14.07. [Re-iterated: information on costs of 124084 63W 03 delivering asylum accommodation centres is commercially confidential]
18.09. [Re-iterated in relation to cost of minibus 129397 938–9W 03 service at Bicester centre, as contractor to design, build and operate the centre is being appointed]
30.01. (b) Details of sites other than those in 93091 1034W 03 Dover and Sittingbourne identified for possible use as accommodation centres withheld: commercially sensitive
03.02. (c) Information on site for potential 94062 75W 03 accommodation of asylum seekers in Scotland (other than those offered by Glasgow City Council and YMCA) withheld : commercial in confidence
10.02. (d) Details of possible sites for 96233 538–9W 03 accommodation centres will not be placed in public domain until they are considered to be a serious prospect for use
04.03. (e)Information on tenders submitted by 99705 967W 03 Angel Group over last five years withheld: commercial in confidence
12.06. (f) Not appropriate to release information 118612 1049W 03 on performance points incurred under contracts for asylum detention centres, as it would undermine commercial confidentiality
14 30.01. CBRN capabilities (a) Detailed information not given: 93525 1039– 03 potentially useful to terrorists 40W
Ministerial Accountability and Parliamentary Questions: Evidence Ev 57
No. Date Subject Comment qno. Col.
24.02. (b) Details of location and stocks of 96253 336W 03 equipment to respond to CBRN incident not disclosed: information would be useful to terrorists
21.03. (c) Not appropriate to give specific 102517 967W 03 information on CBRN detection capability in each police force
03.04. (d) Government does not comment on 105296 872W 03 information packs on personal protection in the event of CBRN attack produced by private sector firms
09.06. (e) Not appropriate, on security grounds, 116480 664W 03 to give specific information regarding CBRN response capability in each police force
17.07. [Re-iterated in relation to details of police 125156 593W 03 equipment used solely to respond to A CBRN terrorist incident]
15 30.01. Parole Board Decisions in respect of individual cases not 92617 1052W 03 published
16 03.02. Private sector (a) Information on vacancy rates and 93314 76W 01 prisons number of working days lost “considered to be commercial in confidence” and withheld
02.04. Reiterated in relation to vacancies for 105762 756W 03 prison custody officers
24.06. (b) Data on sickness absence not provided: 120104 742W 03 commercial in confidence
17 05.02. Death of Mr Mario Investigation is ongoing: disclosure of 94719 331W 03 Clarke details could prove prejudicial to outcome of inquiries
18 05.02. Ministerial Details are confidential: Exemptions 1, 2 95048 332W 03 engagements and 7 of Code of Practice apply
Ev 58 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
19 12.02. Special Branch (a) Details of numbers of Special Branch 96564 780W 03 Officers at force level withheld: would compromise operations [total figure given]
10.11. (b) Not policy to disclose details of Special 136470 119W 03 Branch deployments: could compromise operations
20 24.02. Drug smuggling in Not appropriate to disclose security 97997 110W 03 prisons measures designed to disrupt smuggling into prisons
21 24.02. Extradition requests Not policy and practice, “for obvious 98315 328W 03 reasons” to comment ahead of any arrest on whether a request for a particular individual has been received or is under consideration
22 25.02. Mutual Legal Cases received are confidential: existence 98852 396W 03 Assistance of letters of request cannot be confirmed or denied [Q related to two Britons detained in Switzerland at Gösgen nuclear power station]
23 03.03. Counter-terrorist (a) No publicity being given to counter- 97773 828W 03 activities/security terrorist activities supported by additional funding to police forces, or to allocations to individual forces
30.06. [Re-iterated] 120732 7W 03
03.03. (b) Details of preventative measures since 98851 832W 03 September 2001 to counter terrorism not disclosed, for security reasons [Q related to trials at UK ports of measures to detect illegal passage of radioactive weapons- grade material]
11.03. (c) Not appropriate to comment on security 102115 203–4W 03 measures at Government buildings
Ministerial Accountability and Parliamentary Questions: Evidence Ev 59
No. Date Subject Comment qno. Col.
18.03. (d) No comment on detail of security 102455 714W 03 measures to protect against terrorist or other forms of attack, for security reasons [Q related to Parliamentary estate]
29.04. [Reiterated] 108801 362W 03 11.06. [Reiterated] 116438 950W 03 07.07. [Re-iterated in relation to security at royal 121949 648W 03 palaces]
17.07. [Re-iterated in relation to security at royal 125987 601W 03 palaces]
01.09. [Re-iterated in relation to security at royal 125997 999W 03 palaces]
17.09. [Re-iterated in relation to security for 129608 814W 03 members of the Royal Family while travelling or in residence]
22.10. [Re-iterated in relation to breakdown of 131584 636W 03 areas and times covered by authorisations under section 44 of Terrorism Act 2000]
27.03. (e) Precise deployment of police and 104012 343W 03 community support officers involved in security roles not disclosed for security reasons
29.10. [Re-iterated in relation to Special Branch 132636 267W 03 deployment at force level]
06.05. (f) Staffing levels in Metropolitan police 109513 595W 03 anti-terrorist branch, and deployment of staff, not disclosed “for operational reasons” [Q related to anti-terrorism hotline]
13.05. (g) Home Office does not comment on 111793 220W 03 operational counter-terrorist measures [Q related to basis for body searches under Terrorism Act 2000 at RAF Fairford: answer given despite proviso]
07.07. [Re-iterated in relation to Operation 121884 642W 03 Icebolt]
14.05. (h) Not appropriate to provide personal 112931 247W 03 information about people detained under Anti-terrorism, Crime and Security Act 2001
Ev 60 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
09.07. (i) Not appropriate to comment on 123326 831–2W 03 assessments of threats to national security
16.09. (j) Inappropriate to comment on use of 129947 662W 03 anti-terrorism legislation against protesters at the Excel Centre on 9th September before the Secretary of State has had time to consider internal report
16.10. (k) Not Government policy to release 128659 315–6W 03 details of contingency plans for security (Q related to smuggling of terrorist munitions into UK)
24 21.03. Special Advisers Reasons for an adviser’s resignation are a 103605 976W 03 private matter: exempt from disclosure under Exemption 12 of Code of Practice
25 27.03. Meetings Not normal practice to release details of 103604 349W 03 specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
07.07. [Reiterated: not Government practice to 122143 641W 03 provide details of all meetings: Exemption 2 of Code of Practice cited]
26 31.03. Applications for (a) Duty of confidentiality does not permit 105413 580W 03 asylum disclosure in a Written Answer whether an individual has applied for asylum, nor the actual or likely outcome of that claim: Part 2 (subsection 12) of Code of Practice
06.10. (b) In appropriate to make further 130865 1207W 03 statement on Dr Boris Berezovsky (beyond giving date on which asylum granted)
27 02.04. Home Office Internal directory is not published and is 102029 753W 03 telephone directory for internal use only [implies copy not placed in Library, as requested]
28 08.04. Boards of Visitors Names of Visitors “not published for 105637 219W 03 reasons of personal safety”
29 28.04. Operation Ore Not appropriate to provide details of 107199 66W 03 investigations
Ministerial Accountability and Parliamentary Questions: Evidence Ev 61
No. Date Subject Comment qno. Col.
30 13.05. Abu Hamza/James Policy to neither confirm nor deny that a 111715 207W 03 Ujaama request for assistance has been made by the US relating to information provided by Mr Ujaama
31 11.06. International Funding for Organisation is commercially 117766 943–4W 03 Organisation for confidential and cannot be disclosed Migration
32 11.06. UK Passport Service Information on results of testing by UKPS 117124 945W 03 of its procedures through use of dummy fraudulent applications not given: “would be prejudicial to UKPS’s business interests”
33 01.07. Special Immigration Specific details of measures to ensure 121951 244W 03 Appeals safety of those involved in hearings not Commission disclosed, for security reasons
34 16.07. Representations Not policy or practice to disclose either 118615 391W 03 names of those who take up a particular case or the basis on which they choose to do so [Q related to Mr Nadhmi Auchi]
35 17.07. IT contracts Values of major IT contracts for the 125725 597–8W 03 Passport Agency not given in order to protect commercial confidentiality
36 01.09. Operation Antler Inquiries are continuing: inappropriate to 125654 990W 03 comment at this stage on outcome of Operation
37 01.09. Discussions Not normal practice to disclose details of 124787 978–9W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
38 17.09. Work permits Details of applications received from 129109 815W 03 Premier and Football League clubs for work permits for overseas players and which were refused not given, for reasons of confidentiality
Ev 62 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
39 20.10. 2 Marsham Street Report on use of Indonesian rainforest 131677 414W 03 timber at 2 Marsham Street was prepared for internal use: not published in full, although edited version placed in Library [Code of Practice cited but no exemption specified]
40 21.10. Private Alison Croft File on death submitted to Coroner: 132188 554W 03 inappropriate to comment further
HOUSE OF COMMONS COMMISSION/DOMESTIC COMMITTEES
No. Date Subject Comment qno. Col.
1 26.11. Security Long-standing practice not to comment on 81522 161W 02 details of security expenditure or arrangements on Parliamentary Estate
17.07. [Re-iterated in relation to parliamentary IT 126584 501W 03 security]
14.10. [Re-iterated in relation to resources for 128791 12W 03 combating computer fraud, preventing theft of computers and safeguarding security of information held on computer]
2 08.05. Contracts Cost of individual contracts with the House 111871 818W 03 are commercially confidential and are not disclosed
INTERNATIONAL DEVELOPMENT
No. Date Subject Comment qno. Col.
1 19.03. Meetings Not normal practice to release details of 103614 787W 03 specific meetings or their content: withheld under Exemptions 2 and 7 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 63
No. Date Subject Comment qno. Col.
2 19.03. Special Advisers (a) Reasons for an adviser’s resignation are 103615 788W 03 a private matter: exempt from disclosure under paragraph 12 of Code of Practice
16.06. (b) Salaries of Special Advisers appointed 112467 2W 03 since May 1993 not disclosed in order to protect privacy of individuals concerned: Exemption 12 of Code of Practice
3 26.03. DfID staff (a) Names of two staff seconded as 104360 238W 03 humanitarian advisers to UK 1 Division in Kuwait not disclosed, for security reasons (Exemption 1of Code of Practice)
15.05. (b) Disclosure of number of departmental 111960 397W 03 staff who retired on mental health grounds could lead to identification of individuals because of the small numbers involved: Exemption 12 of Code of Practice cited
4 16.07. Discussions Not normal practice to disclose details of 124781 330W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
NORTHERN IRELAND OFFICE
No. Date Subject Comment qno. Col.
1 09.12. Security at airports Comment on detail of changes to security 82102 43W 02 and ports at ports and airports in Northern Ireland since 11 September 2001 would not be appropriate
08.05. [Reiterated, in relation to Belfast 106899 903W 03 International Airport]
Ev 64 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
2 16.01. Intelligence (a) Government does not comment on 84458 785W 03 intelligence assessments
03.11. [Reiterated: inappropriate to comment on 134633 395W 03 assessment of PIRA capacity to carry out activities, as information is gathered from intelligence sources: Exemption 1a of Code of Practice]
19.11. [Reiterated in relation to capacity of 134963 952W 03 Loyalist terrorists to carry out targeting, intimidation and racketeering activities in Northern Ireland]
20.10. (b) Estimates of weapons stocks held by 131917 424W 03 paramilitary organisations are an intelligence matter on which it would be inappropriate to comment
30.10. [Re-iterated] 135443 325W 03 03.11. [Re-iterated: Exemption 1a of Code of 134975 394W 03 Practice cited]
3 20.01. Seeking individuals Not Government policy to comment, as 90311 113W 03 may hamper investigation
4 08.05. Royal Prerogative Not Government policy to comment on 106104 900W 03 of Mercy individual cases in which Royal Prerogative of Mercy is granted, or the reasons for granting
5 08.05. Royal Victoria Not appropriate to comment on the 111689 900W 03 Hospital disappearance of donated money at the Hospital while the matter is subject to a police investigation
6 19.05. Meetings Not Government’s practice to provide 110789 599W 03 details of all meetings with organisations and individuals: Exemptions 2 and 7 of Code of Practice cited
7 16.06. Blelloch Report Report deals with matters of national 111466 33W 03 security: sensitivity precludes publication
8 16.06. Police Service of List of external tutors and organisations 114150 83W 03 Northern Ireland employed by PSNI not provided, as not all those involved would want details to be put in public domain
Ministerial Accountability and Parliamentary Questions: Evidence Ev 65
No. Date Subject Comment qno. Col.
9 25.06. Membership of No comment on “matters of national 120577 840W 03 terrorist security and intelligence” organisations
10 25.06. Police Ombudsman No comment on details of dismissal of 120366 845W 03 for Northern Ireland Ombudsman’s staff “for legal and confidential reasons”
11 11.09. Payments to Identification of amounts paid to 125316 422W 03 companies particular companies for attitudinal research would constitute a breach of commercial confidence
12 14.10. Gransha Road Department cannot comment further 130986 187W 03 Dundonald while claims against contractor for damage arising from surface dressing are before courts
13 29.10. Acts of “Not in a position” to say where acts of 134151 275W 03 decommissioning decommissioning took place
14 29.10. Legal Aid in Legal Aid Committee of the Law Society of 133237 297W 03 Northern Ireland Northern Ireland is statutorily prohibited from giving information about individual cases
15 30.10. Salmon farming Salmon production figures for last five 135446 326W 03 years not in public domain: only one farm in operation, and so disclosure would allow identification of the company involved
PRIME MINISTER
No. Date Subject Comment qno. Col.
1 18.11. Leak Inquiries No comment on conduct and outcome of 80521 17/18W 02 leak inquiries, to safeguard security and investigative arrangements
Ev 66 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
2 18.11. Legal and policy (a) Longstanding convention that legal 80523 18W 02 advice/discussions advice to Government remains confidential
28.01. [Re-iterated: longstanding policy not to 93902 776W 03 disclose internal policy advice, including legal advice, under Part 2 of Code of Practice]
22.05. [Re-iterated: Attorney-General’s statement 115474 914–5W 03 of 17 March on legal basis for use of armed force against Iraq conveyed his views rather than his advice]
28.11. (b) Information relating to internal 84140 442W 02 discussion and advice withheld under Exemption 2 of Code of Practice (PQ related to papers produced by Policy Unit)
10.12. [Re-iterated in relation to Lord Birt: 86086 281W 02 Exemption 2 of Code of Practice cited]
11.03. [Reiterated: nature of Lord Birt’s work is to 102382 215W 03 provide internal advice, which is not disclosed under Exemption 2 of Code of Practice] 106418 613–4W 01.04. [Reiterated in relation to briefing for 03 meeting with United Nations Secretary General: Exemption 2 of Code of Practice cited]
24.06. [Re-iterated: Exemption 2 cited] 119884 654W 03 16.07. [Re-iterated in relation to discussions on 126448 325W 03 issue of a notice under section 11(3) of Parliamentary Commissioner Act 1967: Exemption 2 cited]
11.09. [Re-iterated in relation to discussions on 129279 367W 03 presentational matters with the Rt Hon Peter Mandelson MP: Exemption 2 cited]
15.09. [Re-iterated in relation to advice provided 129256 516W 03 by security services in relation to ministerial appointments and conduct: Exemptions 1a, 2 and 8a of Code of Practice cited]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 67
No. Date Subject Comment qno. Col.
01.04. (c) Not practice to provide details of 105436 613W 03 discussions: Exemptions 2 and 7 of Code of Practice cited (Q related to consultation with previous prime ministers prior to commitment of forces in Iraq)
16.05. [Re-iterated: Exemption 2 cited in 113594 439W 03 withholding details of whether Clare Short MP had been invited to comment in writing on the draft UN Resolution on Iraq]
15.07. [Not appropriate to disclose content of 126037 174W 03 discussions with President Bush on reports of attempts by Iraq to obtain nuclear- related materials from Niger]
3 18.11. Security (a) Longstanding policy not to comment on 80519 19W 02 Services/intelligence details of intelligence and security matters (including budgets of individual agencies)
03.02. [Re-iterated; Exemption 1a of Part 2 of 95002 17–18W 03 Code of Practice cited]
24.02. [Reiterated: Para 6 of Part 1 of Code of 98161–2 255–6W 03 Practice cited]
24.03. [Re-iterated] 104223 80W 03 19.11. [Re-iterated in relation to intelligence 139602 933–4W 03 sources for information used in compiling Government publications on weapons of mass destruction in Iraq]
15.07. (b) Not Government practice to publish the 123047 172W 03 source of intelligence reports
18.09. (c) Joint Intelligence Committee 130992 870W 03 intelligence assessments exempt from disclosure under Exemptions 1a and 1c of Code of Practice
Ev 68 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
4 20.11. Meetings Not Government practice to provide details 82346 142W 02 of meetings with organisations and individuals, under Exemptions 2 and 7 of the Code of Practice
23.01. [Reiterated: Exemptions 2 and 7 cited] 91529 490W 03 03.02. [Reiterated: Exemption 2 cited] 95228 15W 03 08.04. [Re-iterated, but in a different form: “not 108031 126W 03 … practice to provide details of all such meetings”: Exemptions 2 and 7 cited]
06.05. [Re-iterated: Exemptions 2 and 7 cited] 110788 561W 03 16.05. [Re-iterated in relation meetings with Lord 113593 439W 03 Stevenson to discuss the work of the House of Lords Appointment Commission: Exemption 2 cited]
30.06. [Re-iterated in relation to meetings with 122139 55W 03 Mayor of London: Exemption 2 cited]
14.07. [Re-iterated in relation to the future of the 125352 45W 03 Department for International Development as an independent department: Exemption 2 cited]
16.07. [Re-iterated in relation to meetings with 126521 327W 03 First Minister of Scottish Parliament and First Secretary of National Assembly for Wales: Exemption 2 cited]
17.07. [Re-iterated in relation to meetings on the 126921 446W 03 future management of plutonium: Exemptions 2 and 7 cited]
5 25.11. Interception of Referral to, and effective restatement of 82594 21W 02 communications policy neither to confirm nor deny allegations in respect of interception matters (with an exception in relation to Members of Parliament) (19.12.01, col. 367W)
07.05. [Re-iterated; policy also applies to 112055 734W 03 members of House of Lords]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 69
No. Date Subject Comment qno. Col.
6 28.11. Proceedings of Established practice under section 2 of 83868 442W 02 Cabinet/Cabinet Code of Practice to withhold information Committees on proceedings (PQ related specifically to papers prepared for the Cabinet by DWP)
24.03. [Re-iterated: Exemption 2 of Code of 104221 80W 03 Practice cited]
14.10. [Re-iterated in relation to Cabinet papers 131682 60W 03 on Iraq: Exemption 2 of Code of Practice cited]
7 09.12. Iraq (a) Naming of Iraqi women who suffered 86430 22W 02 human rights violations and who have not made public their names would expose their families and friends to reprisals
20.01. (b) Publication of names of UK companies 91330 83W 03 identified in Iraqi declaration to United Nations as having supplied arms & c. to Iraq would be premature unless and until allegations substantiated
8 13.02. Chequers Administered by private trust, so accounts 95526 952W 03 are confidential
9 20.03. Police Government policy not to comment on 104059 905W 03 investigations ongoing police investigations
10 16.06. Pentagon Defense Agency report on Iraq’s military 118953 64W 03 intelligence Agency capabilities, dating from September 2002, not disclosed under Exemption 1(c) of Code of Practice: information received in confidence from foreign Governments
11 30.06. Political Honours Information, opinions and assessments 122113 56W 03 Scrutiny Committee given in relation to recommendations for honours not disclosed: Exemption 8 of Code of Practice
12 09.07. Correspondence Not normal practice to release letters from 123004 853W 03 the Prime Minister to other heads of Government: Exemption 1(b) of Code of Practice
Ev 70 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
13 09.07. Gripen jets Exemption 13 of Code of Practice applied 123004 853W 03 to answer regarding possible sale of Gripen jets to Czech Republic [No indication of exact nature of information not disclosed]
14 15.09. Staff (a) Information relating to personnel 129774 514W 03 records, including those relating to recruitment, promotion and security vetting, not disclosed under Exemption 8 of Code of Practice
20.10. (b) Information about pay of individuals 132455 367W 03 employed at 10 Downing Street not disclosed under Exemption 12 of Code of Practice [reference to source for information by pay band]
15 20.10. Syria Precise origins of reports that Syria is 133279 368W 03 pursuing a programme for the development of weapons of mass destruction not disclosed under Exemption 1a of Code of Practice
16 18.11. House of Lords Information on number of applications for 139748 771W 03 Appointments people’s peerage received from hereditary Commission peers who no longer have the right to sit in the House of Lords not supplied: would breach undertaking to treat applications in strict confidence
PRIVY COUNCIL OFFICE/LEADER OF THE HOUSE
No. Date Subject Comment qno. Col.
1 30.04. Privy Council Office Disclosure of number of staff who had 109252 371W 03 staff taken long-term sick leave could lead to identification of individuals, because of small size of the Office
Ministerial Accountability and Parliamentary Questions: Evidence Ev 71
No. Date Subject Comment qno. Col.
2 16.07. Legislative Government does not release papers, 124978 437W 03 programme information or correspondence relating to proceedings of Cabinet Committee or pre- empt content of Queen’s Speech
SCOTLAND OFFICE
No. Date Subject Comment qno. Col.
1 24.03. Meetings (a) Not Government practice to provide 104603 74–5W 03 details of frequency of meetings of civil contingencies committee or of people attending
09.04. [Re-iterated in a different form: “not … 108195 277W 03 practice to provide details of all such meetings”
24.03. (b) Agenda and subject matter of 104606 75W 03 discussions with First Minister are confidential: details withheld under Exemption 2 of Code of Practice
2. 05.06. Staff (a) Details of cases of departmental staff 111978 527W 03 who took sick leave due to mental health problems withheld under Exemption 12 of Code of Practice
18.11. (b) Details of cases of departmental staff 136849 739W 03 who experienced absence due to work- related stress withheld under Exemption 12 of Code of Practice
3 17.07. Discussions Not normal practice to disclose details of 124856 603W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues on legislative competencies covered by draft European Constitution]
Ev 72 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
4 20.10. Engagements Not appropriate to list public or private 132900 402W 03 engagements
SOLICITOR GENERAL
No. Date Subject Comment qno. Col.
1 21.11. Legal advice to Long-standing convention, reflected in 81661 257W 02 Government Ministerial Code, that the content of legal advice to Government, and the fact that it has been given, are confidential
04.02. [Re-iterated] 94379 178W 03 24.03. [Re-iterated] 103642 21W 03 26.03. [Re-iterated, confirming that convention 104715 236W 03 applies despite answer of 17 March, col 515W, on legal basis for use of force against Iraq]
21.05. [Answer of 26.03.03 re-iterated and 114077 795W 03 expanded] [See also entry under Prime Minister]
15.09. [Re-iterated: Exemptions 2 and 4d under 128964 491W 03 Code of Practice cited]
23.10. [Re-iterated: Exemptions 2 and 4d under 133313 693W 03 Code of Practice cited]
23.10. [Re-iterated] 133314 694W 03
2 24.03. Discussions Not the practice to disclose content of 104004 21W 03 confidential discussions with foreign governments
3 10.07. Requests by UK for Not Government practice or policy to 124822 961W 03 extradition comment on requests for extradition from other jurisdictions
4 15.07. Individual Not policy or practice of the CPS to 126038 206W 03 prosecutions comment on whether a prosecution is likely to be commenced in individual cases
Ministerial Accountability and Parliamentary Questions: Evidence Ev 73
TRADE AND INDUSTRY
No. Date Subject Comment qno. Col.
1 21.11. Ministerial Details of Ministerial direction concerning 80620 260W 02 directions to regional selective assistance issued in 2001 Accounting Officers not placed in Library: Exemption 13 of Code of Practice—commercial confidentiality—cited
2 11.12. Correspondence, (a) Correspondence and minutes relating 86170 326W 02 meetings and to meetings between DTI officials and minutes officials of European Competition Commissioner contain commercially sensitive information: withheld under Exemption 13 of Code of Practice
07.01. (b) Policy of successive Governments not to 87452 144W 03 disclose confidential communications between Government departments: Exemption 2 of Code of Practice [Question related to communications from Members and Welsh Assembly officials regarding ASW Steel and Celsa]
03.06. [Re-iterated in relation to details of letter 115120 335W 03 from Secretary of State to Secretary of State for Defence of 12th May, concerning Hawk jets]
26.02. (c) Not practice to publish ministerial 97925 550W 03 letters: Exemption 2 of Code of Practice cited
12.03. (d) Not practice to publish minutes of 100522 271–2W 03 meetings [Q concerned meeting with the President of the Institute of Chartered Accountants in England and Wales][bound volume reference: 5.03.03 c1096W]: Exemption 2 of Code of Practice cited]
14.03. [Reiterated, in relation to various groups] 102783 487W 03
27.03. (e) Not normal practice to release details of 103612 324W 03 specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
Ev 74 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
09.06. (f) Note of telephone conversation 116268 632W 03 between Secretary of State and Mr Andrew Natsios and associated letter not placed in Library because of commercial confidentiality [Indication of content given, however]
16.07. (g) Details of discussions with BAe Systems 125588 369W 03 management on company performance, competitiveness, future programmes and strategy are commercially confidential: details withheld under Exemption 13 of Code of Practice
19.11. [Re-iterated in relation to discussions 139301 971W 03 between Ministers and representatives of Alstom: Exemption 13 of Code of Practice cited]
17.07. (h) Copy of letter from Secretary of State 126039 503W 03 to Rolls Royce of 4th May 2003 is commercially sensitive: not placed in Library—Exemption 13 of Code of Practice applies
17.07. (i) Copies of correspondence with Home 125686 502W 03 Secretary on analysis of policy options on domestic violence consultation paper not published: internal advice and discussion papers covered under Exemption 2 of Code of Practice
08.09. (j) Not normal practice to disclose details of 124773 75–6W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
10.11. (k) Correspondence between UK 137021 20W 03 Government and European Commission concerning state aid is confidential: Exemption 1c of Code of Practice cited [Q related to British Energy]
Ministerial Accountability and Parliamentary Questions: Evidence Ev 75
No. Date Subject Comment qno. Col.
19.11. (l) Details of preparatory meetings of EU 132762– 977W– 03 Committees withheld: Exemption 2 of 8 + 988W Code of Practice cited 132770 + 132797 + 132822
3 18.12. Mozambique Information on UK investment not 87062 825W 02 available due to commercial confidentiality
4 07.01. Security at civil Not policy to disclose details of security 88396 144W 03 nuclear facilities issues concerning nuclear facilities: useful to potential terrorists
16.01. [Re-iterated] 90315 797W 03 12.02. [Re-iterated, in relation to transport of 96988 753W 03 nuclear material]
19.03. [Reiterated, in relation to results of 102845 770W 03 assessments of potential terrorist threat]
20.05. [Re-iterated] 112880 718W 03 07.07. [Re-iterated in relation to investigations by 123760 574W 03 Office for Civil Nuclear security into breaches]
14.07. [Re-iterated in relation to publication of 124836 14W 03 full safety analysis by BNFL of building B30 at Sellafield: Exemption 1(a) cited]
5 07.01. Cabinet Committees Established practice under Exemption 2 of 88453 148–9W 03 Code of Practice not to disclose information relating to proceedings of the Cabinet and its Committees
6 13.01. ECGD (a) Detailed information on applications 88074 442W 03 prior to guarantee withheld: commercial confidentiality [outline information given]
03.06. (b) Details of commission paid to agents 113943 329W 03 and disclosed to ECGD not given for reasons of commercial confidentiality (Q related to sale of Hawk jets to South Africa)
09.06. [Re-iterated] 116787 625W 03
Ev 76 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
03.06. (c) Papers of Export Guarantees Advisory 115051 330–1W 03 Council not published where disclosure would “harm the frankness and candour of internal discussion”
09.06. (d) Letters to ECGD from companies 116776– 622–3W 03 alleged to have been involved in bribery 7 and corruption in respect of the Lesotho Highlands Water Project not published as information was given in confidence: Exemption 14(b) of Code of Practice cited
16.10. (e) Not appropriate to provide information 132372 286–7W 03 on cases of alleged corruption in relation to contracts supported by ECGD, as identification might encourage speculation or allow identification of individual cases
7 16.01. ELGAR contract Information about pricing withheld: 88834 792W 03 commercial in confidence (Exemption 13 of Code of Practice)
8 20.01. Iraqi oil Specific commercial issues relating to UK 90790 10W 03 oil companies commercially confidential: withheld under Exemption 13 of Code of Practice [Q related to DTI contacts with BP and accessibility of Iraqi oil]
9 20.01. Post Office Detailed breakdown of losses in 2001-02 91938 10/11W 03 commercially confidential [headline figures given]
10 06.02. Huntingdon Life Details of possible contingent liabilities to 94977 394W 03 Sciences cover provision of insurance services commercially confidential: withheld under Exemption 13 of Code of Practice
11 24.02. Office of Fair Copies of representations to OFT by third 97587 75–6W 03 Trading parties not placed in Library: would disclose identity thereby breaching confidentiality
Ministerial Accountability and Parliamentary Questions: Evidence Ev 77
No. Date Subject Comment qno. Col.
12 13.03. British Energy (a) Restructuring plan as submitted to 101996 360W 03 European Commission contains commercially sensitive information: exempt from disclosure under Exemption 13 of Code of Practice
01.09. [Re-iterated] 126654 695W 03
03.03. (b) Details of calculation of assessments 106580 786W 03 which led to decision to support proposal for financial assistance to British Energy are based upon commercially confidential assumptions: withheld under Exemption 13 of Code of Practice
03.03. (c) Details of individual applications to 106581 786W 03 draw on the credit facility are commercially confidential: withheld under Exemption 13 of Code of Practice
14.10. (d) Full details of credit facility agreement 132143 105W 03 made available to British Energy are commercially confidential: withheld under Exemption 13 of Code of Practice
13 18.03. Redundancies Details of the number of notification of 103399 695W 03 proposed redundancies are confidential: withheld under exemption 13 of Code of Practice [Q related to AMP, Pearl Assurance and NPI]
14 01.04. Regional Selective Individual projects awarded funding under 104890 626W 03 Assistance RSA not disclosed in order to maintain commercial confidentiality: Exemption 13 of Code of Practice
15 03.04. Iraq reconstruction Not appropriate to name individual 105124 791–2W 03 companies that are pursuing contracts for post-conflict development work
16 14.04. Grants to non- Details of individual grants not given “for 109033 492–3W 03 Government bodies reasons of third party’s commercial confidences” [but recipients listed]
17 14.04. Oil refined in Wales Proportion of UK oil supply refined within 107535 484W 03 Wales is commercially restricted
Ev 78 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
18 14.04. Radioactive waste Inappropriate to disclose list of sites 107699 486–7W 03 identified by Nirex as possibly being suitable for disposal of intermediate level nuclear waste: would cause unnecessary anxiety to people living nearby
19 28.04. One North East Details of specific fees paid to individual 108693– 182W 03 (a) consultants’ firms and (b) solicitors’ 4 forms not provided in order to protect commercial confidentiality
20 29.04. Export licences (a) Information on items licensed for 110248 310W 03 export is “normally commercially confidential and exempt from disclosure”
07.02. (b) Details of export licence applications 96242 491W 03 from particular companies are normally commercially confidential: withheld under Exemptions 13 and 14
19.03. [Reiterated] 102870 765W 03 17.09. [Reiterated] 129284 767W 03
09.06. (c) No comment on internal procedures 117017 619W 03 relating to assessment of export licence applications “to avoid giving disreputable exporters information which they might exploit”
21 09.06. Export Control Organisation does not comment on 117020 622W 03 Organisation contacts with security services
22 23.06. Companies (a) Complaints to Department about 120068 + 566–7W 03 limited companies, and any statutory 120069 inquiries that follow, are confidential
30.06. (b) Names of companies contracted to 121679 74W 03 work in gas and water industries in Israel and Palestinian Territories not disclosed under Exemption 13 of Code of Practice: commercially confidential
Ministerial Accountability and Parliamentary Questions: Evidence Ev 79
No. Date Subject Comment qno. Col.
14.10. (c) Office of Fair Trading cannot disclose 129936 108W 03 details of action taken or planned against individual companies, due to restrictions on disclosure of information in Consumer Credit Act
23.10. (d) Government cannot comment on 132201 668W 03 “affairs of individual companies”, for reasons of confidentiality
23 03.06. A400M engine (a) Evaluation of benefits of possible DTI 113989 317W 03 financial support for development of A400M engine
03.06. (b) Bid prices for engine contract are a 113988 317W 03 commercial matter between Airbus Military and manufacturers concerned
24 03.06. Cambridge MIT Review of operation of Institute was 115428 321W 03 Institute commissioned to provide detailed advice and guidance to Ministers on a confidential basis: details not disclosed
25 12.06. Ofgem Letter from Transco to Ofgem of 12 March 116993 1000W 03 1999 provided to DTI on a confidential basis: DTI is not able to publish
26 12.06. Gas Order Inappropriate to comment on whether 116995 + 1000W 03 there have been amendments to the Gas 117077 Order while legal proceedings are under way
27 30.06. Bacton gas terminal Not appropriate to comment on specific 121798 69–70W 03 security measures at site, as to do so could compromise security
28 03.07. Advantage West Contractual arrangements with KPMG are 122602– 424W 03 Midlands commercial in confidence 3
29 07.07. DTI staff Details of salaries of individual special 112469 567W 03 advisers not disclosed in order to protect privacy of individuals concerned: Exemption 12 of Code of Practice
Ev 80 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
30 09.07. LG electronics No comment on representations from 121906 794W 03 group British embassy in Seoul regarding decision to give public aid to LG electronics group: Minister “not accountable for events under previous Administration”
31 14.07. Atomic Energy Information technology strategy document 124944 13W 03 Authority is classified “Restricted”: withheld under Constabulary Exemption 1(a) of Code of Practice as it could be potentially be of use to terrorists
32 29.10. Ashley Jenkins Affairs of the Ashley Jenkins companies 134253 255–6W 03 before the High Court—inappropriate to comment further
33 10.11. Universal bank Details of contributions by individual banks 137022 25W 03 to costs of Post Office card account not disclosed: commercially confidential
34 13.11. Applications for Information in Higher Education Business 133825 404W 03 patents Interaction survey of numbers of patents filed and income generated from patents by UK universities was gathered on basis that information would remain confidential because of commercial sensitivity: may not be divulged
TRANSPORT
No. Date Subject Comment qno. Col.
1 19.11. Tonnage tax Information on UK-based shipping 80893 80W 02 companies which have increased the number of UK ratings in their employment since the introduction of the tonnage tax is commercially confidential; exempt from disclosure under Exemption 13 of Code of Practice
2 04.12. Uckfield rail line Booz Allen report contains information 85008 + 804W 02 which could “affect commercial and 85236 + contractual activities”: withheld (Summary 85237 in Library)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 81
No. Date Subject Comment qno. Col.
3 17.12. Maritime Control Inappropriate to list seagoing 87566 685W 02 Agency qualifications of individual civil servants
4 07.01. Security and (a) Inappropriate to disclose advice issued 88521 98W 03 terrorist threats to to commercial airlines “for obvious transport reasons”
28.01. (b) Inappropriate to give details of 93244 727W 03 breaches of security by port or region “for obvious reasons”
03.02. (c) Inappropriate to comment on detail of 94277 38W 03 new capability to place armed police officers aboard UK civil aircraft
16.07. [Re-iterated] 126054 305W 03 17.09. [Re-iterated] 129223– 763W 03 8
24.02. (d) Not practice to detail security measures 98654 284–5W 03 for airports, maritime, Channel Tunnel and railway industries “for obvious reasons”
24.02. [Reiterated, with specific reference to 98023 286W 03 Channel Tunnel Rail Link]
10.03. [Reiterated] 100721 48W 03 13.03. [Reiterated, with reference to assessments 102198 358–9W 03 of security arrangements at particular rail stations]
12.05. [Re-iterated] 111462 71W 03 18.11. [Re-iterated] 138356 735W 03 19.11. [Re-iterated in relation to possible use by 138357 + 930W 03 terrorists of haulage vehicles to launch 138363 attacks]
04.02. (e) Main body of Wheeler Report (on 94459 242W 03 policing at airports) contains information about operational security matters: Govt deems it “sensible not to give the full report a wider circulation” [Findings and recommendations placed in Libraries of both Houses]
Ev 82 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
25.02. (f) Listing of airports designated for 98565 389W 03 uniformed policing purposes “would be inappropriate on security grounds”
25.02. (g) Detail of proposal for changed security 99118 541W 03 arrangements at checkpoints 3 and 11 at Belfast international Airport: “not appropriate to make any further comment on detail” [NB: Hansard reference is Bound Volume reference]
16.09. (h) Not appropriate on security grounds to 130286 691W 03 disclose details of work to counter threat from shoulder-launched weapons for attack against aircraft
23.10. [Re-iterated] 133129 670W 03
5 07.01. Cabinet Committees Established practice under Exemption 2 of 88459 101W 03 Code of Practice not to disclose information relating to proceedings of Cabinet Committees
6 16.01. Portland area Operational analysis of Portland area 90409 700W 03 search and rescue helicopter is technical and commercially helicopter sensitive: withheld under Exemption 13 of Code of Practice
7 21.01. Track access grant Breakdown of payments of grant to 91646 205–6W 03 specific companies is commercially confidential [but total annual payments are given]
8 06.02. Contracts Values of contracts let by: (i) Office of the (i) 93221 367–8W 03 Rail Regulator;
(ii) Her Majesty’s Railways Inspectorate (ii) 93228 367–9W and;
(iii) Department of Transport directorates (iii) 369– dealing with work relating to the railways 93237 70W are commercially confidential: total figure given but no breakdown
9 13.02. Capita Details of individual service level 97335 890W 03 agreement not provided, to protect commercial confidentiality
Ministerial Accountability and Parliamentary Questions: Evidence Ev 83
No. Date Subject Comment qno. Col.
10 13.02. Meetings and (a) Information about internal meetings 94357 893–4W 03 discussions withheld under Exemption 2 of Code of Practice
24.02. (b) Not normal Government practice to 97267 287–8W 03 release details of specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
24.03. [Re-iterated] 103600 58W 03
17.07. (c) Not normal practice to disclose details 124778 609W 03 of internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
17.11. (d) Details of agendas, preparatory 132684, 642–5W 03 meetings and attendees at specified EU 132720– committees withheld : Exemption 2 of 2, Code of Practice cited 132729 and 132730
11 28.03. Special Advisers (a) Reasons for an Adviser’s resignation are 103601 415–6W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
20.06. (b) Details of individual salaries of Special 112468 445W 03 Advisers are not disclosed in order to protect privacy of individual concerned: Exemption 12 of Code of Practice
12 30.04. Companies Inappropriate for Government to comment 108329 398W 03 on the financial position of particular companies: matter for the shareholders
13 12.05. Schroder Salomon Correspondence of 31 August 2001 is a 111213 128W 03 Smith Barney commercially confidential agreement [to provide financial advice on matters relating to Railtrack’s financial difficulties]: not appropriate to place it in the Library
Ev 84 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
14 03.06. Rail franchises Names of companies which failed to 115707 177W 03 qualify for pre-franchises, and reasons for failure, not disclosed in the interests of commercial confidentiality
15 04.06. North-South rail Copy of WS Atkins report for Strategic Rail 115715 400W 03 line Authority contains commercially sensitive information: not appropriate to place copy in Library
16 16.06. Internal advice Advice given by statutory environmental 119138 20–1W 03 bodies at various stages of multi-modal study process is confidential: withheld under Exemption 2 of Code of Practice
17 01.07. Consultation on air Responses to “The Future Development of 122898 192–3W 03 transport Air Transport in the UK South East” will be made publicly available in due course except where marked confidential: publication in the meantime is a matter for the authors
18 01.09. London Transport Number of stations with CCTV coverage 126631 713W 03 not disclosed by London Underground for security reasons
19 12.11. Accident at Broken Not appropriate to make further 137767 282W 03 Cross Bridge, statement until DoT officials have Salisbury considered accident report
TREASURY
No. Date Subject Comment qno. Col.
1 20.11. Maundy Money Cost of manufacture commercially 81583 191W 02 sensitive: not appropriate to disclose, under Exemption 13 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 85
No. Date Subject Comment qno. Col.
2 25.11. HM Customs (a) Not policy to disclose information on 83259 60W 02 operational deployment of staff at specific locations
07.03. [Re-iterated—Exemption 4 of Code of 100825 1254– 03 Practice cited] 5W
06.05. [Re-iterated: Exemption 4 cited] 111120 621W 03 03.06. [Re-iterated in relation to information 114949 28–9W 03 about Customs law enforcement activities: Exemption 4 of Code of Practice]
05.06. [Re-iterated in relation to deployment of 116420 516W 03 staff gathering intelligence etc. relating to heroin in transit from Afghanistan to the UK: Exemptions 4 and 7 of Code of Practice cited]
25.06. [Re-iterated, to cover use of sniffer dogs: 121628 762W 03 Exemption 4 cited]
08.09. [Re-iterated: information concerning 127149 99W 03 deployment of operational law enforcement staff “not normally” made available: Exemptions 4b and 7b of Code of Practice cited]
15.09. [Re-iterated in relation to deployment of 129143 596W 03 detector dogs: Exemption 4 cited]
25.11. (b) Not policy to disclose information on 83333 60/61W 02 level of Customs checks and detection activities at specific locations
17.12. (c) Disclosure of agency agreements with 83450 731W 02 Intellectual Property Right holders would prejudice Customs and Excise operations: withheld under Exemptions 4 and 7 of Code of Practice
30.01. (d) Information on cases where HM 93006 1000– 03 Customs is making or will be making 2W enquiries not released, under Exemptions 4 and 7 of Code of Practice [Q related to firearms seizures]
27.10. [Re-iterated in relation to seizures of 133976 40W 03 illegal meat: Exemptions 4 and 7 cited]
Ev 86 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
12.02. (e) Details of work undertaken by HM 91726 755W 03 Customs law enforcement staff at Custom House withheld under Exemption 4 of Code of Practice
12.02. (f) HM Customs statutorily barred from 96655 757W 03 disclosing information relating to tax affairs of individuals or companies: Exemption 15 of Code of Practice applies
28.10. [Re-iterated in relation to football league 135085 204W 03 clubs: Exemption 15 of Code of Practice cited]
13.02. (g) Details of verification enquiries by HM 97261 865W 03 Customs could identify individual importers: not disclosed under Exemption 13 of Code of Practice
05.03. (h) Information on individual importers 97220 1113W 03 and consignments not disclosed because of commercial confidentiality: Exemption 13 of Code of Practice applies [Q related to timber from Burma]
08.07. [Re-iterated: Exemption 13 cited] 124510 710W 03 18.11. [Re-iterated, in relation to names of 138937 724W 03 companies requesting a formal review under C & E appeals procedure of duty demanded: Exemption 13 cited]
10.04. (i) Disclosure of duty rates applied to 108034 399W 03 particular goods imported could lead to identification of individual importers: information withheld under Exemption 13 of Code of Practice
06.05. (j) Not general practice of HM Customs to 111265 618W 03 comment publicly about the existence or nature of investigations because of the risk of prejudicing investigations or future legal proceedings [Q related to Imperial Defence]: Exemption 4 of Code of Practice cited
01.07. (k) Specific details of equipment used by 116799 260W 03 Customs & Excise officers or deployment of that equipment not provided, for security reasons
Ministerial Accountability and Parliamentary Questions: Evidence Ev 87
No. Date Subject Comment qno. Col.
14.07. (l) information on numbers of firearms 124953 133W 03 detected by HM Customs officers withheld under Exemption 14 of Code of Practice
15.07. (m) Information on number of occasions 124942 207–8W 03 on which firearms, drugs and other dangerous substances were intercepted at Royal Mail sorting offices in the London area not provided: Exemption 4 of Code of Practice cited
10.09. (n) HM Customs “do not normally publish 128367 354W 03 seizure information on a monthly basis”: Exemptions 4b and 7b of Code of Practice apply
18.09. (o) HM Customs “do not normally reveal 127300 969W 03 whether or not they were acting on received intelligence in individual cases”: Exemption 4 of Code of Practice cited
4 26.11. Royal Mint (a) Provision of financial information in 80652 158W 02 format requested would place Royal Mint at competitive disadvantage: Exemption 7 of Code of Practice cited
26.11. (b) Restricted comment on Treasury 80653–7 151W/1 02 contract for coin production/meetings 58W/15 between Ministers and representatives of 9W Birmingham Mint; case before the courts (Exemption 4 of Code of Practice)
16.12. (c) 1999 prior options review is 86864 596W 02 commercially confidential; not released under Exemption 13 of Code of Practice
20.01. (d) Govt estimate of market value of Royal 91714 58W 03 Mint would be commercially confidential: Exemption 13 of Code of Practice applies
5 03.12. Value of exports Provision of information on arms etc. 83888 676W 02 exports to Israel in 2001–02 in format requested would enable individual businesses to be identified. Withheld under Exemption 13 of Code of Practice (third party commercial confidences); but signpost given to information readily available
Ev 88 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
6 03.12. Meetings (a) Not Government practice to provide 84814 679W 02 details of meetings routinely held with organisations 18.12. 02 [Reiterated] 87672 818W 24.02. 03 [Reiterated, in relation to Capita: : Not 98570 208W normal practice to release details of specific meetings or their content, as some discussions may have taken place on a confidential basis: Exemption 7 of Code of Practice cited] 03.06. 03 [Re-iterated: Exemption 7 of Code of 115583 198W Practice cited]
09.01. Practice not to release minutes of meetings 87211 360W 03 concerned with the development of policy: Exemption 2 of Code of Practice cited [Q related to Public service Productivity Panel]
28.02. (b) Not usual practice to release 96203 769W 03 attendance records for meetings of advisory NDPBs: Exemption 8(a) of Code of Practice cited [Q related to Public Services Productivity Panel]
24.03. (c) Not appropriate to disclose details of 103624 63W 03 ministerial meetings: withheld under Exemptions 2 and 7 of Code of Practice
7 12.12. Pound/euro Government does not comment on day-to- 85267 464W 02 exchange rate day movements
8 20.01. Advice (a) Inappropriate to disclose policy advice 89476 50W 03 given internally within Inland Revenue: Exemption 2 of Code of Practice applies
26.02. (b) Internal advice “not usually disclosed”: 99127 574W 03 Exemption 2 of Code of Practice [Q related to analyses to inform higher education White Paper]
27.03. (c) Presentation to Treasury Management 104763 341W 03 Board on 4th November 2002 not disclosed: internal advice, not disclosed under Exemption 2 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 89
No. Date Subject Comment qno. Col.
10.06. (d) Research by Mr Martin Taylor to inform 118010 753W 03 “Tackling Tobacco Smuggling” not placed in Library as it constituted internal advice under Exemption 2 of Code of Practice
9 06.02. National Savings Evaluations of advertising commercially 96202 396W 03 and Investments sensitive: withheld under Exemption 7 of Code of Practice
10 24.02. BCCI: Bingham Not appropriate to provide information 98160 175W 03 Inquiry about access to relevant intelligence material
11 20.03. Special Advisers (a) Reasons for an adviser’s resignation are 103625 906W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
08.07. (b) Details of advisers;’ individual salaries 112462 710W 03 not disclosed in order to protect privacy of individual: Exemption 12 of Code of Practice
12 08.04. Imports from Burma Details of companies which have imported 107507 147W 03 garments from Burma withheld to protect third party’s commercial confidences: Exemption 13 of Code of Practice
13 20.01. Inland Revenue (a) Payment of stamp duty by Mapeley 89475 50W 03 confidential between payer and inland revenue: Ministers do not have access to information. Exemption 15 of Code of Practice applies
08.04. [Re-iterated: strict rules of confidentiality 107445 151W 03 prevent disclosure of details in respect of specific cases]
07.05. [Re-iterated: Q relating to tax agreements 111572 686W 03 with professional football clubs: Exemption 15 of Code of Practice cited]
14.10. [Re-iterated, specifying that statutory 131370 141W 03 provisions govern the principle of non- disclosure of information provided to Inland revenue for tax purposes; also detail about rare exceptions]
Ev 90 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
17.07. (b) Inappropriate to disclose information 124954 461W 03 relating to staff of Inland Revenue: Exemption 8 of Code of Practice cited [Q related to posts held by named individuals]
06.11. [Re-iterated in relation to destination 136565 801W 03 offices of officers posted from Business Tax Group: would facilitate identification of individual members of staff: Exemption 8a of Code of Practice cited]
20.11. [Re-iterated in relation to establishment 140450 1331– 03 for specified professional grades: 2W Exemption 8a of Code of Practice cited]
08.09. (c) Details of performance appraisal of 126365 103–4W 03 individual Commissioners and other Board members, and consequential pay adjustments, are considered to be confidential to the individual concerned
06.11. [Re-iterated] 136564 801W 03
14 08.04. Research Cost of ICM opinion poll conducted on 106794 151W 03 behalf of HM Treasury in January 2003 is commercially confidential
15 08.05. Capita Cost of individual contracts with Capita in 97334 794W 03 2002-03 not given for reasons of commercial confidentiality [but overall total given]
16 19.05. Accounts at Bank of Information regarding accounts at Bank of 114320 571–2W 03 England England is commercially confidential and is not publicly disclosed
17 20.06. Treasury buildings Treasury does not comment on security 120139 463W 03 matters of nature raised in Question [Q related searches for surveillance devices in Treasury buildings]
18 03.07. Appointees Information about which appointees to 122991 373W 03 certain named bodies are from ethnic minorities could only be disclosed with permission of individuals concerned, which would entail disproportionate cost
Ministerial Accountability and Parliamentary Questions: Evidence Ev 91
No. Date Subject Comment qno. Col.
19 15.07. Consultancies Costs of individual consultancies not 123664 208W 03 disclosed for commercial reasons [total figure given]
20 06.10. Microsoft Amounts paid by Department in licensing 130685 1095– 03 fees are commercially confidential: not 6W disclosed under Exemption 13 of Code of Practice
WALES OFFICE
No. Date Subject Comment qno. Col.
1 26.03. Meetings Not normal practice to release details of 103598 216W 03 specific meetings or their content: Exemptions 2 and 7 of Code of Practice cited
2 03.06. Wales Office staff Details of staff sick leave due to mental 112071 + 312W 03 health problems not released so as not to 111973 breach rules of anonymity and confidentiality for the individuals concerned: Exemption12 of Code of Practice cited
WORK AND PENSIONS
No. Date Subject Comment qno. Col.
1 21.11. Post Office card (a) Government payments to Post Office 82166 282W 02 account for provision of card account services are commercially confidential
Ev 92 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col.
15.07. (b) Details of cost to government at 125278 160W 03 anyiven level of take-up is commercial in confidence to Post Office Ltd.: withheld under Exemption 13 of Code of Practice
15.07. [Re-iterated] 125335 249W 03
2 19.12. Contractual service Details of service credits (i.e. penalties) 85382 1020W 02 level targets applied to Schlumberger Sema for failure to meet contractual service targets withheld: commercial in confidence under Exemption 13 of Code of Practice
04.04. [Re-iterated: Exemption 13 cited] 105365 916W 03
3 08.01. Cabinet Committees Established practice under Exemption 2 of 88464 260W 03 Code of Practice not to disclose information relating to the proceedings of the cabinet and its Committees
4 27.01. Departmental Details of costs of installing new PCs in 89919 653–4W 03 workstations Department are commercially sensitive: withheld under Exemption 13 of Code of Practice
5 06.02. Individual benefit Details not disclosed, under Exemption 12 94223 416W 03 claims of Code of Practice [Minister wrote privately to Member]
12.05. [Re-iterated: Exemption 12 of Code of 111721 88W 03 Practice cited] [Q related to entitlement for Abu Hamza]
6 24.03. Meetings Not normal practice to release details of 103596 110W 03 meetings or their content: Exemptions 2 and 7 of Code of Practice cited
7 24.03. Special Advisers (a) Reasons for an adviser’s resignation are 103597 110W 03 a private matter: exempt from disclosure under Exemption 12 of Code of Practice
30.06. (b) Details of individual salaries not 112457 78W 03 disclosed, in order to protect privacy of individuals concerned—Exemption 12 of Code of Practice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 93
No. Date Subject Comment qno. Col.
8 03.06. Benefit fraud Information on ongoing investigations not 112344 50W 03 disclosed: Exemption 4 of Code of Practice cited
9 16.06. Child Support Individual cases are confidential [Chief 118072– 92W 03 Agency Executive offered to write privately to 3 Member concerned]
01.07. [Re-iterated] 120617 184–5W 03
10 26.06. New Deal Figures for individual New Deal options 116763 962W 03 outcomes in East Riding in latest quarter not published because of the risk of identifying individuals
11 09.07. Employment Zones Information on expenditure for individual 114462 844–5W 03 Employment Zones not published: commercial in confidence
12 17.07. Discussions Not normal practice to disclose details of 124785 538W 03 internal discussions or information whose disclosure would harm the conduct of international relations or affairs: Exemptions 1 and 2 of Code of Practice apply [Q related to discussions with FCO colleagues and EU counterparts on legislative competencies covered by draft European Constitution]
13 17.07. IT contracts Value of outsourced IT contracts since 1997 126196 543W 03 is commercial in confidence: not disclosed in line with Exemption 13 of Code of Practice
14 12.11. Labour market Department does not make forecasts of 136023 387W 03 overall level of demand for labour
Data source: Session 2002–03 Pattern of Answers Digest, Table Office, House of Commons
Ev 94 Ministerial Accountability and Parliamentary Questions: Evidence
Appendix 2: Memoranda from Government Departments session 2002–03
Letter from the Second Clerk, Public Administration Select Committee, to all relevant Departments
The Committee has now received from the Table Office the list of Parliamentary Questions which Ministers have refused to answer in Session 2002–03. This practice was initiated in 1995–96 by the Public Services Committee following the findings of Sir Richard Scott’s Inquiry into the export of defence equipment with regard to Ministerial answers.
The most recent report, covering Sessions 2000–01 and 2001–02, was published on 1 March as the Committee’s Third Report of Session 2003–04 (HC 355). The Committee’s Ninth Report of Session 2001– 02, covering the 1999–2000 Session, was debated at Westminster Hall on 8 January. There was a consensus among those who spoke in that debate that these reports were very valuable but disappointment at the time taken to report on a particular Session. The Committee is keen to bring matters as up to date as possible. Accordingly I enclose a copy of the letter from the Principal Clerk, Table Office dated 8 January 2004, and of the part of the list that relates to your department.
As is now the norm in each case where there is not reference to the Code, the Committee would like you to explain more fully: x why it was necessary to withhold information; x how the refusal relates to the Code of Practice on Access to Government Information; and x where a refusal is justified by reference to a >practice= or a policy, what basis that practice or policy has in the Code.
As you know, Cabinet Office guidance on answering Parliamentary Questions says that when departments withhold the information in response to a Question the relevant exemption in the Code should be cited. The Committee does not need any further information on cases where the information requested was not held or collected by the Department, or was the responsibility of another Department.
10 March 2004
Ministerial Accountability and Parliamentary Questions: Evidence Ev 95
List of Memoranda
Submitted by Page
1 Cabinet Office...... 96 2 The Church of England Church Commissioners ...... 97 3 Department for Constitutional Affairs...... 98 4 Department for Culture, Media and Sport...... 98 5 Ministry of Defence...... 99 6 Office of the Deputy Prime Minister ...... 102 7 Department for Education and Skills...... 102 8 Department for Environment, Food and Rural Affairs...... 104 9 Foreign and Commonwealth Office ...... 106 10 Department of Health ...... 107 11 Home Office...... 110 12 Law Officers’ Department ...... 118 13 Northern Ireland Office...... 120 14 Prime Minister’s Office...... 121 15 Privy Council Office...... 126 16 Scotland Office ...... 126 17 Department of Trade and Industry...... 127 18 Department for Transport...... 130 19 HM Treasury...... 132 20 Department for Work and Pensions...... 133
Ev 96 Ministerial Accountability and Parliamentary Questions: Evidence
MEMORANDUM 1
Submitted by the Cabinet OYce
Thank you for your letter of 10 March to Sir David Omand, regarding the Cabinet OYce’s blocked questions during Session 2002–03. As Managing Director of the Cabinet OYce, these matters now come under my area of responsibility.
Our response on each of these is in the attached table. 12 May 2004
Number Date (Col (UIN) Reference) Subject Reason for Refusal 1 (81554) 20 November 2002 Cabinet Exemption 2: It is not the normal practice of the (204W) Committees Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. With hindsight the response could have been better phrased to make clear that the exemption citing applied to meetings of this type. The reference to Cabinet Committees was additional information, which was given to be helpful to the Member, although further details of proceedings of Cabinet Committees are also covered by Exemption 2. 2 (87609) 16 December 2002 Panel for Exemption 2: It is not the normal practice of the (608–09W) Regulatory Government to release details of the proceedings Accountability of Cabinet Committees. 3 (88822) 9 January 2003 People’s Panel Exemption 11(b): The information held only for (298W) research and individuals will not be identified in the reports of that research. Exemption 12: To release the information would be an unwarranted invasion of privacy. Exemption 14(a): The information was given under the guarantee that its confidentiality would be protected Exemption 14(b): To release such information could prejudice the future supply of information. 4 (90405) 21 January 2003 Internal Advice Exemption 2: It is not the normal practice of the (294–5W) Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. Exemption 7(b): To disclose information of meetings with another public body could harm the proper and eYcient conduct of operations.
5 (92428) 31 January 2003 Special Advisers Exemption 12: To release the information would (1056W) be an unwarranted invasion of privacy.
6 (103623) 20 March 2003 Cabinet OYce Exemption 12: To release the information would (870W) StaV be an unwarranted invasion of privacy. (111967) 24 June 2003 Exemption 12: To release the information would (662W) be an unwarranted invasion of privacy. This exemption covers the release of figures below five, which if released could lead to the identification of individuals. With hindsight the response should have included information for those Departments where the figures were such that disclosure could not have led to the identification on individuals. Ministerial Accountability and Parliamentary Questions: Evidence Ev 97
Number Date (Col (UIN) Reference) Subject Reason for Refusal 7 (94994) 5 February 2003 Government Car Exemption 1(a): The release of this information (268W) Service would harm national security. Exemption 4(f): The release of this information could endanger the safety of Ministers who do not have such protection. (134366) 27 October 2003 Exemption 1(a): The release of this information (55W) would harm national security. Exemption 4(f): The release of this information could endanger the safety of the Ministers concerned.
8 (100593) 5 March 2003 Civil Service Exemption 2: It is not the normal practice of the (1028–9W) Government to release details of specific internal discussion or advice.
9 (103990) 20 March 2003 Precedents Book Exemption 12: To release the information would (870W) be an unwarranted invasion of privacy. Exemption 14(a): The information was given under the guarantee that its confidentiality would be protected
10 (103622) 21 March 2003 Meetings Exemption 2: It is not the normal practice of the (959W) Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. Exemption 7(b): To disclose information of meetings with another public body could harm the proper and eYcient conduct of operations.
11 (124782) 1 September 2003 Discussions Exemption 1(b): To release this information could (692W) harm the conduct of international relations. Exemption 1(c): The information requested was received in confidence from foreign governments. Exemption 2: It is not the normal practice of the Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis.
MEMORANDUM 2
Submitted by The Church of England Church Commissioners I refer to Clive Porro’s letter of 10 March concerning the written answer I gave on behalf of the Church Commissioners to Robert Key MP on 10 March 2003 (Question reference: 101635). I would cite exemptions 7 and 13 of the Code as reasons for my wish to withhold individual income figures. As I said in my Answer, the Commissioners’ general policy is not to publish rental figures for their individual properties because such figures can be commercially sensitive. To expand on that statement, making such figures publicly available runs the risk that it could: (a) “harm the competitive position of a third party” (exemption 13); and (b) “harm the proper and eYcient conduct of the operation of [the Commissioners’] business” (exemption 7) by undermining their ability to secure the best long-term return on their assets. It is true that this catch-all position will apply more in some cases than others, but it is necessary to apply a consistent policy that minimises commercial risk, especially given the Commissioners’ statutory obligation as charitable trustees to manage their assets in such a way as to provide the maximum possible funding for their beneficiaries. The Commissioners’ annual report and accounts, which are laid before Parliament, set out their investment performance and spending. I trust this is helpful. 29 March 2004 Ev 98 Ministerial Accountability and Parliamentary Questions: Evidence
MEMORANDUM 3
Submitted by the Department for Constitutional AVairs Thank you for your letter of 10 March 2004 about why certain information was withheld in answer to some Parliamentary Questions in the 2002–03 Parliamentary Session. In two of the cases identified by the Table OYce the reason why the information sought could not be provided and the relevant exemption was explained in the written answer. I attach a schedule providing more detail on the reasons why the Department’s Ministers decided to withhold certain information. 29 April 2004
18.12.02 Subject: Legal Aid [PQ No 87059] Reason: Exemption 15—The grant or refusal of legal aid is a matter for the Law Society of Northern Ireland. Under Article 24 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 the Legal Aid Department is precluded from disclosing any information about individual applications for legal aid. 26.03.03 Subject: Legal Aid [PQ No 96805] Reason: Exemption 15—The grant or refusal of legal aid is a matter for the Law Society of Northern Ireland. Under Article 24 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 the Legal Aid Department is precluded from disclosing any information about individual applications for legal aid. 26.03.03 Subject: Assets Recovery Agency [PQ No 96804] Reason: Exemption 4—Disclosure of whether an investigation is being carried out by the Assets Recovery Agency could prejudice the enforcement or proper administration of the law. 28.04.03 Subject: Departmental phone book [PQ No 101789] Reason: The Code does not require departments to provide information which is already published—The telephone directory is held in electronic format only and is no longer available in hard copy. As the answer explained the department’s key contact details are already published in the Civil Service Yearbook. 1.09.03 Subject: Discussions [PQ No 124784] Reason: Exemptions 1 and 2—the disclosure of details of internal discussion could harm the frankness and candour of such discussions. Similarly the disclosure of details of discussions with counterparts in the European Union could harm the conduct of international relations or aVairs. 6.10.03 Subject: Judges’ lodgings [PQ No 123202] Reason: Exemption 7—the individual capital values of judges’ lodgings are considered to be commercially confidential. Disclosure of such information could aVect the Department’s negotiating position in any future plans to rationalise the estate.
MEMORANDUM 4 Submitted by the Department for Culture, Media and Sport I am responding to Clive Porro’s letter of 10 March on written parliamentary questions during the 2002–03 session. Attached is a schedule in the usual format, which I hope answers the Committee’s queries. Four of the 10 questions identified by the Table OYce did cite the relevant exemption in the answer so here there is not much scope for us to expand beyond the original answer. As with my response to last year’s exercise, I can assure the Committee that I continue to emphasise to all my staV the importance of complying with the Code of Practice on Access to Government Information when drafting answers to written parliamentary questions. Guidance to DCMS oYcials on citing the relevant exemption accompanies each new written parliamentary question issued in the Department. 19 April 2004 Ministerial Accountability and Parliamentary Questions: Evidence Ev 99
21.11.02 Subject: BBC Reason: Exemption 13—Third party’s commercial confidences. The documents were not published because they contain commercially confidential information whose disclosure would harm the competitive position of BBC Worldwide. 27.01.03 Subject: Public appointments Reason: Exemption 8—Public employment, public appointments and honours. The decision not to release the names of interview panel members was made in accordance with the provision at para 2.12 of the Commissioner for Public Appointments Code of Practice for Ministerial Appointments to Public Bodies, which states that “personal information about applicants and panel members must remain confidential . . . ”. 20.03.03 Subject: Special Advisers (103621) Reason: Exemption 12—Privacy of an individual. The reasons for a Special Adviser’s resignation are a private matter between the Department and Adviser, and are therefore exempt from disclosure. 20.03.03 Subject: Special Advisers (112461) Reason: Exemption 12—Privacy of an individual. Remuneration details cannot be disclosed in order to protect the privacy of the individual concerned. 25.03.03 Subject: Meetings Reason: Exemption 2—Internal discussion and advice and Exemption 7—EVective management and operations of the public service. It is not normal practice of Governments to release details of specific meetings or their content, as some of these discussions may have taken place on a confidential basis. 18.06.03 Subject: Digital television Reason: The information on subscriber figures was not withheld. The Government does not hold this information, as it is confidential to the pay television companies. 23.06.03 Subject: York Minster Library Reason: Exemption 13—Third Party’s commercial confidences and Exemption 14—Information given in confidence. The application form and supporting papers contain information that would be considered exempt from disclosure under the Code of Practice on Access to Government Information. 17.07.03 Subject: Discussions Reason: Exemption 1—Defence, security and international relations and Exemption 2—Internal discussion and advice. The information requested relates to information whose disclosure would harm the conduct of international relations or aVairs and information whose disclosure would harm the frankness and candour of internal discussion.
MEMORANDUM 5
Submitted by the Ministry of Defence Thank you for your letter of 10 March 2004 seeking further information why information was withheld in answer to certain Parliamentary Questions in the session 2002–03. I apologise for the delay in replying. Attached is a schedule providing details, where appropriate, on the reasons for withholding information for those questions where no Exemption Code was cited from the Code of Practice on Access to Government Information. 16 June 2004 Ev 100 Ministerial Accountability and Parliamentary Questions: Evidence
Subject: Iraq
01.04.03 Deaths of Iraqi civilians (105563)—As stated in the answer we have no means of ascertaining the numbers of Iraqis killed or injured during coalition military action and therefore it would be unhelpful to publish information which could not be verified.
29.04.03 Iraqi WMD weapons (110178)—Unable to release details of sites in Iraq relating to chemical or biological weapons however gave an undertaking to release information when and where appropriate.
03.06.03 (112479) As above
13.05.03 Groups for restoration of administration and services (109214)—Names of individuals not released as the status of the interim consultative groups across the provinces of Basra and Maysan had not yet been formalised and in any event members may not wish their involvement to be publicised. Exemption 12 of the Code of Practice on Access to Government Information could have been cited.
05.06.03 Weapons dropped by Coalition forces (116815)—Information was released in respect of British forces but we are unable to comment on other nations.
15.07.03 British forces in Basra (115325)—No trace of this question.
01.09.03 Deaths of RMP soldiers in Iraq on June 24 (123348, 131785)—Unable to release information as the incident was still subject to investigation by the Special Investigation Branch of the Royal Military Police. Undertook to release information where possible once investigation complete.
15.09.03 Inquiries into friendly fire incidents (128520)—To release reports and recommendation of internal Service inquiries could discourage witnesses to come forward freely and speak with candour. However, reports are made available to HM Coroners to help determine cause and circumstances of death. In this instance MOD prepared to release a summary of the report’s conclusion but only after all other related proceedings are entirely complete. Subject: Defence 09.12.03 Challenger 2 tank (83975)—To release the number of tanks modified would have compromised operation security. It would have been appropriate to use Exemption 1 of the Code of Practice on Access to Government Information.
Subject: Defence (3) MOD/HM Forces personnel issues 26.11.02 Pension provision for part-time soldiers (83044, 115998)—It would have been inappropriate to comment on employment conditions as they were the subject of an application at an Industrial Tribunal.
12.02.02 Deaths in HM Forces (86275, 86586)—Information was not held centrally and could only be provided at disproportionate cost. Information pertaining to police investigations and Boards of Inquiry is not normally placed in the public domain. The next of kin receive a copy of the Board of Inquiry Report.
06.02.03 (94717) It would have been inappropriate for MOD to comment on an ongoing investigation by the civilian police.
03.03.03 (99870) It would have been inappropriate for MOD to comment on an ongoing investigation by the civilian police.
14.05.03 (112486) It would have been inappropriate to comment whilst the investigation was still underway.
07.07.03 (123902) It would have been inappropriate to comment whilst a police investigation was still underway.
08.09.03 (123950) Providing details of individual trainees would compromise service personnel confidentiality. Exemption 12 of the Code of Practice on Access might have been considered appropriate. Ministerial Accountability and Parliamentary Questions: Evidence Ev 101
15.10.03 (125986) It would have been inappropriate to comment whilst an investigation was still underway.
20.10.03 (132193) It would have been inappropriate to comment whilst an investigation was still underway.
25.02.03 Harassment/bullying of MOD staV (97832)—Information about compensation paid to individuals was not released to protect confidentiality and in compliance with the Data Protection Act. Exemption 12 of the Code of Practice on Access to Government Information would also have been appropriate.
12.12.02 War disablement pension (85667)—Information on individual was not released in compliance with the Data Protection Act. Exemption 12 of the Code of Practice on Access to Government Information would also have been appropriate.
06.02.03 Death of Mr Nick Woodward (94716)—Some information given but unable to comment while civilian police investigation was underway.
09.06.03 Death Benefits (116145)—Information on the value of an ex-gratia award to one individual was not released as this was a matter for the individual concerned. Exemption 12 of the Code of Practice on Access to Government Information would have been applicable.
20.10.03 Charmaine Maeer (128809)—Unable to release details without the consent of the individual. Exemption 12 of the Code of Practice on Access to Government Information could have been cited.
20.10.04 Private Peter Watson (132479)—Unable to release details in accordance with the Data Protection Act. Exemption 12 of the Code of Practice on access to Government Information could have been cited.
20.10.05 Lance Corporal Graham (132194, 132197)—Unable to release details in accordance with the Data Protection Act. Exemption 12 of the Code of Practice on Access to Government Information could have been cited.
Subject: Defence (5) Miscellaneous 20.11.02 IT Security (80778)—Details of protection measures applied to communications and information systems not made public. Exemption 1 of the Code of Practice on Access to Government Information could have been cited.
17.12.02 QinteQ (87135)—Information on savings in respect of test and evaluation services was withheld as it was commercially sensitive. Exemption 7 of the Code of Practice on Access to Government Information could have been cited.
17.12.02 QinteQ (87551)—Precise details of adjustments to reflect diVerences in valuation of QinetiQ before sale and actual receipt to MOD are commercially sensitive and therefore withheld. Exemption 7 of the Code of Practice on Access to Government Information could have been cited.
06.02.03 International Military Services (93714)—Information on size of liability withheld as the details are commercially confidential. Exemption 7 of the Code of Practice on Access to Government Information could have been cited.
13.02.03 Anthrax Vaccine (97307)—Not appropriate to comment while investigation underway but gave an undertaking to write when this was complete. Letter sent to Colin Breed MP on 30 June 2003.
21.05.03 Export Licences (112483)—Information given on export licences since 1997 but in accordance with established practice unable to publish information on export licence decisions of previous Governments.
13.11.03 RAF Fylingdales (138022)—Memoranda of Understanding between Governments on radar at RAF Fylindales and on technical co-operation are confidential while negotiations continued. Exemption 1 of the Code of Practice on Access to Government Information could have been cited.
20.03.03 Internal Telephone Directory (102027)—Telephone directory is classified restricted and was last published in June 1999. Exemptions 1 and 12 of the Code of Practice on Access to Government Information could have been cited. Ev 102 Ministerial Accountability and Parliamentary Questions: Evidence
20.03.04 12.05.03 Stevens Inquiry (112275)—It would have been improper for MOD to comment on information in Sir John Stevens report whilst his enquiries and specific criminal investigations continued.
16.05.03 Stevens Inquiry (112548)—As above
14.10.03 Microsoft Licenses (130669)—The answer provided some information and stated that other information was withheld under Exemption 2 of the Code of Practice on Government Information.
MEMORANDUM 6 Submitted by the OYce of the Deputy Prime Minister Thank you for your letter of 10 March 2004 seeking further information about why certain information was withheld in answer to a number of Parliamentary Questions tabled to the OYce of the Deputy Prime Minister in the last Parliamentary session (2002–03). Listed below are the reasons for the reply.
11.04.03 Subject: Queen Elizabeth II Conference Centre (6101707) Reason: exemption 13 of the Code of Practice on Access to Government Information pertains (“information including commercial confidences . . . ”)
15.07.03 Subject: ODPM staV (121795) Reason: exemption 12 of the Code of Practice on Access to Government Information pertains (“disclosure to a third party of personal information . . . ”)
01.07.03 Subject: housing development at Whinny Carr (120686) Reason: exemption 4 of the Code of Practice on Access to Government Information relates (“disclosure could prejudice . . . legal proceedings . . . ”)
21.10.03 Subject: Microsoft licensing fees (130667) Reason: exemption 13 of the Code of Practice on Access to Government Information pertains (“information including commercial confidences . . . ”)
13 April 2004
MEMORANDUM 7 Submitted by the Department for Education and Skills Your letter of 10 March requested further information on certain Parliamentary Questions recorded as being “blocked” by the Table OYce because of Ministers’ refusal to provide answers. The information you have requested accompanies this letter. 29 April 2004
5.12.02 Subject: Figures about individual schools Reason: Long standing Departmental practice based upon “The Government Statistical Service Code of Practice on the handling of Data Obtained from Statistical Inquiries” (1984, reissued 1991). Guideline 7 states: “All reasonable care is taken that information about identifiable statistical units, or tables or other analyses from which such information can be deduced, is not published or made generally available or otherwise transmitted, except as specified elsewhere in this code, unless the respondent concerned has given consent.” This practice is consistent with Exemption 11b—individual schools are not identified in published statistics without their consent.
16.01.03 Subject: Special Advisers Reason: Exemption 12 of the Code of Practice on Access to Government Information. Privacy of an individual. Unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. Ministerial Accountability and Parliamentary Questions: Evidence Ev 103
24.06.03 Subject: Special Advisers Reason: Exemption 12 of Code of Practice on Access to Government Information—Information was withheld on renumeration on the basis of Cabinet OYce guidance issued on 12 June 2003.
27.03.03 Subject: Special Advisers Reason: Exemption 12 of the Code of Practice on Access to Government Information. Privacy of an individual. Unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy.
25.2.03 Subject: Electronic Registration for schools Reason: Code of Practice on Access to Government Information: Part II, Exemption 7a—disclosure prejudicial to the competitive position of the department in its eVective conduct of commercial and contractual activities.
28.02.03 Subject: Meetings Reason: Exemption 2—information about internal meetings not disclosed.
26.02.03 Subject: Meetings Reason: In line with Exemptions 2 and 7 of the Code of Practice on Access to Government Information, it is not normal practice of Governments to release details of specific meetings or their content, as some of these discussions may have taken place on a confidential basis.
28.02.03 Subject: Printing Costs Reason: Exemption 13—Information which is commercially confidential to a third party supplier (in this case The Stationery OYce) is not made public.
24.06.03 Subject: Permanently Excluded Pupils Reason: Exemption 11—the data provided by LEAs was incomplete and was not based on common assumptions or measures. It was not therefore possible to carry out a complete analysis of the data. Disclosure of the information that was provided would have been misleading.
25.06.03 Subject: Building Schools for the Future Reason: Exemption 7a—EVective Management and Operations of the Public Service. Information whose disclosure could lead to improper gain or advantage or would prejudice: (a) the competitive position of the department or other public body or authority, (b) negotiations or the eVective conduct of personnel management, or commercial or contractual activities, (c) the awarding of discretionary grants.
03.07.03 Subject: Student Loans Reason: Reason for non-disclosure: Exemption 7a—Information on the RAB charge, or information that could directly reveal the RAB charge, was withheld on the grounds that the competitive position of the department would be prejudiced in any potential future sale of publicly held student loan debt.
03.07.03 Subject: Student Loans Reason: Reason for non-disclosure: Exemption 7a—Information on the RAB charge, or information that could directly reveal the RAB charge, was withheld on the grounds that the competitive position of the department would be prejudiced in any potential future sale of publicly held student loan debt.
01.09.03 Subject: Discussions Reason: Exemptions 1 and 2 of the Code of Practice on Access to Government Information, it is not the normal practice of Governments to disclose details about internal discussions, or information whose disclosure would harm the conduct of international relations or aVairs. Ev 104 Ministerial Accountability and Parliamentary Questions: Evidence
21.10.03 Subject: HEFCE funding for medical students at university. Reason: Exemptions 13 and 12—the Higher Education Funding Council for England does not publish, or make available to the Department, sensitive student or financial data at course level for individual institutions in order to protect the commercial confidences of the universities which have supplied the data in confidence to inform funding decisions, and in order to protect the privacy of individual students whose personal information forms part of that data.
29.10.03 Subject: HEFCE funding for medical students at university. Reason: Exemptions 13 and 12—the Higher Education Funding Council for England does not publish, or make available to the Department, sensitive student or financial data at course level for individual institutions in order to protect the commercial confidences of the universities which have supplied the data in confidence to inform funding decisions, and in order to protect the privacy of individual students whose personal information forms part of that data.
10.11.03 Subject: HEFCE funding for medical students at university. Reason: Exemptions 13 and 12—the Higher Education Funding Council for England does not publish, or make available to the Department, sensitive student or financial data at course level for individual institutions in order to protect the commercial confidences of the universities which have supplied the data in confidence to inform funding decisions, and in order to protect the privacy of individual students whose personal information forms part of that data.
18.11.03 Subject: HEFCE funding for medical students at university. Reason: Exemptions 13 and 12—the Higher Education Funding Council for England does not publish, or make available to the Department, sensitive student or financial data at course level for individual institutions in order to protect the commercial confidences of the universities which have supplied the data in confidence to inform funding decisions, and in order to protect the privacy of individual students whose personal information forms part of that data.
MEMORANDUM 8
Submitted by the Department for Environment, Food and Rural AVairs Clive Porro wrote to Brian Bender on 10 March seeking information about why certain information was withheld in answer to some Parliamentary Questions in the last Session. I have been asked to reply. I attach this information set out in accordance with Clive’s requirements. 27 April 2004
04/12/02 Subject: PQ 401 Engagements Reason: The SoS oYcial engagements for the week in question were published separately by way of press releases and her keynote speech on Climate Change Policy was published on Defra’s website. The Code does not require Departments to provide information which is already published and as that is the normal situation with the SoS oYcial engagements, she does not make a practice of publishing her diary. In addition, a separate report on every Agriculture and Fisheries Council is made to the House of Commons.
12/12/02 Subject: PQ 606 Illegal Imports Reason: Exemption 4—Law Enforcement and legal proceedings. Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of oVenders.
07/03/03 Subject: PQ 1764 Beef Exports Reason: Exemption 13—Third party’s commercial confidences. Information whose unwarranted disclosure would harm the competitive position of a third party.
12/03/03 Subject: PQ 1474 Foot and Mouth Disease Reason: Exemption 12—Privacy of an Individual Ministerial Accountability and Parliamentary Questions: Evidence Ev 105
10/11/03 Subject: PQ 4936 Foot and Mouth Disease Reason: Exemption 4—Law enforcement and legal proceedings. Information relating to investigations which have or might have resulted in proceedings.
17/03/03 Subject: PQ 1805 Defra Contracts with suppliers Reason: Exemption 13—Third party’s commercial confidences. Information whose unwarranted disclosure would harm the competitive position of a third party.
25/03/03 Subject: PQ 2234 Business Areas Reason: Exemption 13—Third party’s commercial confidences. Information whose unwarranted disclosure would harm the competitive position of a third party
22/05/03 Subject: PQ 3121 State Veterinary Service Reason: Ben Bradshaw (Minister for Nature Conservation and Fisheries) wrote to Lord Kimball on 23 June 2003 enclosing this information. Mr Bradshaw copied his letter to Mr James Gray and Mr Adrian Flook. A copy of the report was placed in the House Library. Certain personal details about third parties were omitted from the report.
04/06/03 Subject: PQs 3170, 3173, 3175, 3177 & 3181 State Veterinary Service Reason: Ben Bradshaw (Minister for Nature Conservation and Fisheries) wrote to Lord Kimball on 23 June 2003 enclosing this information. Mr Bradshaw copied his letter to Mr James Gray and Mr Adrian Flook. A copy of the report was placed in the House Library. Certain personal details about third parties were omitted from the report.
07/05/03 Subject: PQ 2839 Research into incidence of TB in badgers Reason: Exemption 11—Research, statistics and analysis. Information relating to incomplete analysis, research or statistics, where disclosure could be misleading or deprive the holder of priority of publication or commercial value.
20/05/03 Subject: PQ 2781, 2783, 2785, 2787 & 2788 Animal Traps Reason: Exemption 13—Third party’s commercial confidences. Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party. Exemption 4—Law enforcement and legal proceedings. Information whose disclosure would harm public safety or public order, or would prejudice the security of any building or penal institution. Information whose disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes.
17/06/03 Subject: PQ 3404 Merger of Arla with Express Dairies Reason: Exemption 2—Internal discussion and advice. Confidential communications between Departments, public bodies and regulatory bodies
14/07/03 Subject: PQ 3939 Rural Enterprise Scheme Reason: Exemption 15—Statutory and other restrictions.
18/09/03 Subject: PQ 4468 & 4469 Sudden Oak Death Reason: Exemption 14—Information given in confidence. Information whose disclosure without the consent of the supplier would prejudice the future supply of such information.
06/11/03 Subject: PQ 4609 Production Payments Reason: Exemption 12—Privacy of Individuals. Ev 106 Ministerial Accountability and Parliamentary Questions: Evidence
MEMORANDUM 9
Submitted by the Foreign and Commonwealth OYce The Permanent Under Secretary of State, Sir Michael Jay, has asked me to reply to Clive Porro’s letter of 10 March. I enclose our return for those PQ answers for which we failed to provide a reference to the Code or a reason for withholding information. The return also explains that there were also 4 PQs where, although we did provide Code exemptions in our original answers, additional Exemptions could have been applied. I also attach a copy of the FCO’s formal instructions on answering parliamentary questions.
Code of Practice exemptions for PQ’s 2002–03
Question Date number Code Exemption
25/11/2002 82151 Exemption 12 was used. We would also cite Exemption 15 as a stronger exemption “Statutory and other restrictions”. 06/02/2003 95522 Exemptions 12 “Privacy of an individual” & 15 “Statutory and other restrictions”. 24/03/2003 99939 Exemption 8b “Public employment, public appointments and honours”. 05/03/2003 100041 Exempt from disclosure under Part 1 para 6 of the code. 28/03/2003 105412 Exemption 12 “Privacy of an individual”, 15 “Statutory and other restrictions” and Exemption 5 “Immigration & Nationality”. 10/04/003 108316 Exemptions 12 “Privacy of an individual” & 15 “Statutory and other restrictions”. 14/05/003 111962 Data protection was used as the reason not to answer this PQ which asked for a figure. Because the numbers were small (and the names of individuals leaving on medical retirement would be known within the organisation), giving the figures for type of illness would result in likely identification of individuals and disclosure of sensitive personal data. There is no Code exemption for this. 14/07/2003 123655 Exempt from disclosure under Part 1 one para 6 of the Code. 01/09/2003 126443 Exempt from disclosure under Part 1 para 6 of the Code. 21/10/2003 132555 Exemption 8b “Public employment, public appointments and honours”. 29/10/2003 134632 Exemption lb “International Relations”. 07/01/2003 87496 Exemption 14a “Information given in confidence”. 03/02/2003 93702 Exemption 12 “Privacy of an individual” & 15 “Statutory and other restrictions”. 05/03/2003 99938 Exemption 12 was used. We would also cite Exemption 15 as a stronger exemption “Statutory and other restrictions”. 04/02/2003 94474 Exemption 2 “Internal discussion and advice”. 20/11/2003 139470 Exemption lb “International Relations”. 25/02/2003 98441 Exemption 13 was cited. We would also cite Exemption 7 “EVective management and operations of the public service”. 17/11/2003 137433 Exemptions 12 “Privacy of an individual” & 15 “Statutory and other restrictions”. 28/02/2003 98388 Exemption 7 “EVective management and operations of the public service”. 19/11/2003 138139 Exemption 7 “EVective management and operations of the public service”. 19/11/2003 138140 Exemption 7 “EVective management and operations of the public service”. 19/11/2003 138141 Exemption 7 “EVective management and operations of the public service”. 11/03/2003 101944 Exemption 4a “Law enforcement and legal proceedings”. 12/03/2003 96645 Exemption lb “International relations” & Exemption 14 “Information given in confidence”. 09/04/2003 107288 Exemption 1(c) was cited. We would also cite Exemption 14 “Information given in confidence”. Ministerial Accountability and Parliamentary Questions: Evidence Ev 107
MEMORANDUM 10
Submitted by the Department of Health Thank you for your letter of 10 March about the Department’s blocked questions in the 2002–03 session. Our response on each of these is in the attached table. 12 May 2004
HEALTH No Date Subject Comment qno Col DH response
1. 4.12.02 Meetings (a) In order to respect 84453 896W Exemptions 7 and 14 apply confidentiality, not normal practice but the citations were 4.12.02 of governments to release details of unfortunately omitted. specific meetings with private 84038 914W individuals or companies Exemptions 7 and 14 apply [Re-iterated] but the citations were unfortunately omitted. 24.02.03 (b) Not Government’s normal 95982 26W Exemptions 7 and 14 apply practice to release details of specific but the citations were meetings or their content: Exemption unfortunately omitted. 7 of Code of Practice cited 24.02.03 (c) Information about internal 94327 363–4W The correct exemption was meetings not disclosed under cited. Exemption 2 of Code of Practice 17.06.03 (d) Names of departmental oYcials 109076 162W Exemption 1 applies, but the and Powderject representatives citation was unfortunately 8.09.03 present at meetings on specified omitted. dates not revealed, as discussions 109092 13W were confidential Exemption 1 applies, but the [Re-iterated in relation to names of citation was unfortunately people present at meeting between omitted. Department and Powderject on 22 January 2002] 2 10.12.02 NHS staV (a) Not prepared to provide further 85084 282W Exemption 12 applies, but personal information (Q related to the citation was Mr Richard Woodfield, a civil unfortunately omitted. servant employed by the Medicines Control Agency: responsibility for regulatory policy on herbal medicines) 28.01.03 (b) List of NHS posts receiving 92085 820W Exemption 12 applies, but remuneration in excess of £100,000 the citation was in Kent not given, for data unfortunately omitted. protection reasons [total number given, however] 25.03.03 (c) Reasons for resignation of a 103607 211W The correct exemption was special adviser are a private matter: cited. exempt from disclosure under Exemption 12 of Code of Practice 27.10.03 (d) Names of unsuccessful 132820 90W Exemption 8 (b) applies, but candidates for appointments not the citation was published: duty of confidentiality to unfortunately omitted. all candidates 3 14.01.03 Nursing Information on reporting of agencies 84771 535W Exemption 13 applies, but recruitment recruiting foreign nurses for the citation was agencies behaviour thought to be inconsistent unfortunately omitted. with Code of Practice withheld: commercial in confidence 4 14.01.03 NHS Inappropriate to publish names of 89058 533–4W Exemption 13 applies, but Franchising unsuccessful applicants to Register: the citation was Register of applications were made in confidence unfortunately omitted. Expertise 5 20.01.03 King No comment on details of (i) 89933–5 131W Exemption 13 applies, but Edward VII contracts carried out by hospital the citation was Hospital, since 1997 and (ii) possible rescue unfortunately omitted. Midhurst plan as discussions with liquidator are under way Ev 108 Ministerial Accountability and Parliamentary Questions: Evidence
HEALTH No Date Subject Comment qno Col DH response
6 29.01.03 Kava-kava Information on kava-kava medicines 91471–2 896–8W The correct exemptions were with a marketing authorisation is cited. currently confidential and withheld under Exemptions 10, 13 and 15 of Code of Practice; advice will be published once a regulatory decision has been made
7 29.01.03 Cabinet and Information on proceedings in 88458 894W The correct exemption was Committees Cabinet and in Cabinet Committees cited. not disclosed: Exemption 2 of Code of Practice
8 3.02.03 Abortions Details of place of termination of 93214/5 99/ The correct exemption was pregnancy of girls aged between 12 100W cited. and 15 withheld, to protect individual privacy: Exemptions 11b, 12, 14a and 14c
9 6.02.03 Zyban Certain papers considered by the 93784 457–8W The correct exemptions were Committee on Safety of Medicines cited. relating to analysis of risk of Zyban anonymised, under Exemptions 13, 14 and 15 of Code of Practice [but papers placed in the Library]
10 10.02.03 IT projects Guidance to project teams resulting 94600 594W Exemption 2 applies, but the from Gateway Reviews is “held to be citation was unfortunately commercially confidential by both omitted. parties” to maintain integrity of the advice
11 25.02.03 Treatment (a) Not appropriate to speculate 98155 536W Exemption 13 applies, but of NHS about plans for using establishments the citation was patients in in future “as this may influence the unfortunately omitted. Europe contracting process”
10.04.03 (b) Costs of specific procedures 105861 377W Exemption 13 applies, but abroad are commercially sensitive, as the citation was a procurement process is under way unfortunately omitted. 9.06.03 to identify spare capacity abroad 114683 692W Exemption 13 applies, but [Re-iterated] the citation was 10.06.03 116682 835W unfortunately omitted. [Re-iterated] Exemption 13 applies, but the citation was unfortunately omitted.
4.06.03 (c) Costs of air charter used to 114724 501W Exemption 13 applies, but transport NHS patients for the citation was treatment in Europe are unfortunately omitted. commercially confidential
12 26.02.03 Advice and Internal discussion and advice 96066 639–40W The correct exemption was internal documents not published: cited. 15.07.03 documents Exemption 2 of Code of Practice [Q related to Delivery Unit report] 123378 231W Exemption 2 applies, but the [Re-iterated in relation to minutes of citation was unfortunately Joint Planning group] omitted.
11.06.03 (b) Internal documents are “not 110962 936W As the information routinely published”: Exemption 4 of requested was given in full, Code of Practice [Copy of advice by the exemption should not Chief Medical OYcer on whether have been cited. SARS should be made a notifiable disease not placed in Library, but Answer oVers a statement on contents of advice]
13 3.03.03 Fraud (a) Not practice to comment on 97531 888W Exemption 4 (a) applies, but detail of investigations by NHS the citation was Counter Fraud Service “for obvious unfortunately omitted. reasons” Ministerial Accountability and Parliamentary Questions: Evidence Ev 109
HEALTH No Date Subject Comment qno Col DH response
28.03.03 (b) Not practice to comment on 99183 448W Exemption 4 (b) applies, but whether investigations of fraud in a the citation was specific area may or may not be unfortunately omitted. currently taking place
14 7.03.03 NHS (a) Figures for financial outturn of 97947 1276W Exemptions 2 and 11 apply, Trusts’ trusts “could be misleading” and but the citations were finances “are for internal discussion and unfortunately omitted. advice only”: “considered exempt” under Part II of Code of Practice
19.05.03 (b) Unaudited figures on financial 112470 621W Exemptions 2 and 11 apply, position of NHS trusts “considered but the citations were 21.05.03 to be exempt under Part II of Code 102989 854–5W unfortunately omitted. of Practice”: not published Exemptions 2 and 11 apply, [Re-iterated] but the citations were unfortunately omitted.
15 14.03.03 Runwell Price and other terms of sale are 102152 459W Exemption 7 (a) applies, but Hospital commercially confidential: not the citation was site disclosed unfortunately omitted.
16 9.04.03 Minutes Retrieval of details of which 100940 316W The correct exemption was Government Department or agency cited. holds documents from a specified list, and which documents on that list are available for public inspection, “would require an unreasonable diversion of resources”: information not provided under Exemption 9 of Code of Practice
17 28.04.03 Human Details of research licence 108540 89W Exemption 13 applies, but embryo applications not released while under the citation was research consideration for reasons of unfortunately omitted. confidentiality
18 30.04.03 A&E waits Information on delays of 15 minutes 107721 425–6W The correct exemption was by or more between arrival at A&E and cited. ambulances handover of patient is “of poor 12.05.03 quality”, “not complete” and not appropriate for publication: 111084 101W Exemption 11 of Code of Practice The correct exemption was cited cited. [Re-iterated]
19 9.06.03 Hypothermia Numbers of elderly people 114759 685W Exemption 14 applies, but hospitalised because of hypothermia the citation was in Shrewsbury and Shropshire since unfortunately omitted 1997 not provided because of potential for identification of patient involved/data protection legislation 20 20.06.03 GriYths Copy of draft report not placed in 119061 482W The correct exemption was Report Library: inappropriate to make cited. publicly available drafts as they are for internal discussion: Exemption 2 of Code of Practice 21 30.06.03 Inventures (a) Terms of bid for Inventures are 116459 149W Exemption 7 (a) applies, but commercially confidential: the citation was negotiations with preferred bidder unfortunately omitted. are continuing 30.06.03 (b) Inappropriate to publish 114062 155W Exemption 7 (a) applies, but independent valuation of Inventures the citation was without surplus NHS properties: unfortunately omitted. commercially confidential 22 6.10.03 Mixed sex Department has “no plans to publish 131034 1322W Exemption 11 (a) applies, wards the names of trusts which have yet to but the citation was meet the target” to end use of mixed unfortunately omitted. sex wards Ev 110 Ministerial Accountability and Parliamentary Questions: Evidence
HEALTH No Date Subject Comment qno Col DH response
23 27.10.03 Gosport Not appropriate to make further 132643 90W Exemption 4 applies, but the War comment on deaths of patients at the citation was unfortunately Memorial Hospital: police inquiry under way omitted. Hospital 24 6.11.03 Genetics Names of organisations bidding for 135486 782W Exemption 14 (a) applies, research research funding not disclosed: bids but the citation was treated in strict confidence unfortunately omitted. 25 19.11.03 Operations Costs to NHS of hip replacement, 134950 1104W The correct exemption was at BUPA knee replacement and cataract cited. hospital at operations at BUPA hospital Redhill withheld: third party commercial confidences: Exemption 13 of Code of Practice cited 26 20.11.03 Christow Copy of contract between 132572 1407W Exemption 13 applies, but Paddington health Campus and the citation was Christow not placed in Library: unfortunately omitted. would disclose third party commercial confidence: Exemption 13 of Code of Practice cited 27 20.11.03 Thames Correspondence with Departmental 131909 1410W Exemptions 7 and 13 apply, Valley oYcials about private diagnostic and but the citations were Strategic treatment centres is still commercial unfortunately omitted. Health in confidence: not released Authority 28 20.11.03 PFI projects Details of unitary payments for PFI 136893 1410W Exemption 13 applies, but schemes which are yet to reach the citation was financial close not released: unfortunately omitted. commercially sensitive
MEMORANDUM 11
Submitted by the Home OYce I write with reference to your letter of 10 March 2004. Please find enclosed the Home OYce response to the request by the Committee for clarification of parliamentary answers in accordance with the Code of Practice on Access to Government Information. 28 April 2004
Date: 21.11.02 Subject: Home OYce Project Licences [80821] Exemption: The substantive information sought in the questions was provided. The name of the applicant for a licence under the Animals (Scientific Procedures) Act 1986 was withheld under exemption 12 (privacy of an individual) and exemption 14 (information given in confidence). Date: 02.12.02 Subject: Legal Advice [84225/28] Exemption: Longstanding convention that content of legal advice received is not disclosed, this falls under section 2 of the Code of Practice, internal discussions and advice, confidential communication within department. Date: 04.12.02 Subject: DCS Elaine Baker [83182] Exemption: The information had to be strictly limited due to concerns, as indicated in Mr Denham’s reply, not to prejudice the criminal investigation into allegations made against DCS Baker, which were ongoing at that time. The Code of Practice on Access to Government Information (Part 2) at paragraph 4 specifically exempts the disclosure of information that could prejudice the administration of justice and explains the cautious approach taken in responding to the question. Date: 15.07.03 Subject: DCS Elaine Baker [123696] Exemption: The information had to be strictly limited because, as indicated in Hazel Blears’ reply, the oYcers concerned are often involved in covert policing methods investigating acts of serious corruption and unethical behaviour. The Code of Practice on Access to Government Ministerial Accountability and Parliamentary Questions: Evidence Ev 111
Information (Part 2) at paragraph 4 specifically exempts the disclosure of information that could prejudice the enforcement or proper administration of the law, including the investigation or detection of crime, and explains the cautious approach taken in responding to the question. Date: 04.12.02 Subject: Security Service [82592/93] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1. Date: 09.12.02 Subject: Security Service [83485–7] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1. Date: 30.01.03 Subject: Security Service [94409] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1. Date: 07.02.03 Subject: Security Service [95327] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1.
Date: 18.11.03 Subject: Security Service [138584] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1. Date: 09.12.02 Subject: Tracing Paedophiles [84547] Exemption: The information sought—measures being taken to find suspected paedophiles—concerned sensitive and ongoing police investigations and which if revealed could have hindered the detection of oVenders or their prosecution. For these reasons it could not be revealed under Part II Section 4 of the Code (law enforcement and legal proceedings). Date: 10.12.02 Subject: Experiments on Animals [85070] Exemption: The names of licensees under the Animals (Scientific Procedures) Act 1986 were withheld under exemption 12 (privacy of an individual) and exemption 14 (information given in confidence). Date: 12.12.02 Subject: Experiments on Animals [86802/86753] Exemption: The issues covered by the question were the subject of unfinished inter-departmental discussion and consultation. A response was withheld under exemption 2 (internal discussion and advice). The Government’s response to the report of the House of Lords Select Committee on Animals in Scientific Procedures was published a few weeks later on 20 January 2003. Date: 10.12.02 Subject: Cabinet and Committees [85426] Exemption: The answer cited section 2 of the Code, as information on proceedings in Cabinet and in Cabinet committees is not disclosed. Date: 15.01.03 Subject: Cabinet and Committees [88462] Exemption: The answer referred to the frequency of ministerial meetings on green issues and name of an oYcial. Central advice at the time was not to disclose this; Ministers approved exemption under Part 2 of the Code. Date: 16.12.02 Subject: States of Alert [85642] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 16.12.02 Subject: Interception of communications [86184] Exemption: Government policy is neither to confirm nor deny reports or allegations about the activities of the intelligence and security agencies. Code of Practice, Part 2 exemption 1. Ev 112 Ministerial Accountability and Parliamentary Questions: Evidence
Date: 18.12.02 Subject: Capita [86720] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 14.01.03 Subject: Capita [87947] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 19.05.03 Subject: Capita [114845] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 24.02.03 Subject: Capita [96756] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 12.02.03 Subject: Capita [101135] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 22.05.03 Subject: Capita [112065] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 03.06.03 Subject: Capita [112066] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 22.05.03 Subject: Criminal Records Bureau [112097] Exemption: Information regarding the contract with Capita is not disclosed under section 13 of the Code of Practice, third party commercial confidences.
Date: 04.03.03 Subject: Cater Report [99690] Exemption: Information on the report of the CRB Independent Review Team was withheld, as this constituted internal advice and opinion to Ministers (Section 2 of the Code) and was not intended for publication. Information was also withheld under section 13 as the report included matters which were commercially confidential.
Date: 09.12.02 Subject: Asylum Accommodation [84652–5] Exemption: Part 2, paragraph 7—Disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts.
Date: 10.12.02 Subject: Asylum Accommodation [86208] Exemption: Part 2, paragraph 7—Disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts.
Date: 03.03.03 Subject: Asylum Accommodation [99077] Exemption: Part 2, paragraph 7—Disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts.
Date: 19.03.03 Subject: Asylum Accommodation [102907] Exemption: Part 2, paragraph 7—Disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Ministerial Accountability and Parliamentary Questions: Evidence Ev 113
Date: 14.07.03 Subject: Asylum Accommodation [124084] Exemption: The “Commercial Confidentiality” answer was provided with reference to exemptions 7 and 13 in Part II of the Code of Practice on Access to Government Information. Disclosure of the information requested would have both prejudiced our ability to conduct negotiations on contractual activities and would also have harmed the competitive position of a third party. Date: 18.09.03 Subject: Asylum Accommodation [129397] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 30.01.03 Subject: Asylum Accommodation [93091] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 03.02.03 Subject: Asylum Accommodation [94062] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 10.02.03 Subject: Asylum Accommodation [96233] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 04.03.03 Subject: Asylum Accommodation [99705] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts.
Date: 12.06.03 Subject: Asylum Accommodation [118612] Exemption: Part 2 paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 30.01.03 Subject: CRBN Capabilities [93525] Exemption: Under the Code of Practice on Access to Government Information, details on CBRN capabilities and preparedness cannot be given, as disclosure of such information would harm national security or defence. Code of Practice Part 2, Paragraph 1—Defence, security and international relations.
Date: 24.02.03 Subject: CRBN Capabilities [96253] Exemption: Under the Code of Practice on Access to Government Information, details of the location of equipment held by emergency services and stock cannot be given, as this disclosure would harm national security or defence. Code of Practice Part 2, Paragraph 1—Defence, security and international relations.
Date: 21.03.03 Subject: CRBN Capabilities [102517] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 03.04.03 Subject: CRBN Capabilities [105296] Exemption: Under the Code of Practice on Access to Government Information, details of information packs produced by private sector firms cannot be given, as the unwarranted disclosure of such information, including commercial confidences, trade secrets or intellectual property, would harm the competitive position of a third party. Code of Practice Part 2, Paragraph 13—third party commercial confidences. Ev 114 Ministerial Accountability and Parliamentary Questions: Evidence
Date: 09.06.03 Subject: CRBN Capabilities [116480] Exemption: Under the Code of Practice on Access to Government Information, details of specific information, used to respond to a CBRN terrorist incident cannot be given, as disclosure of such information would harm national security or defence. Code of Practice Part 2, Paragraph 1—Defence, security and international relations. Date: 17.07.03 Subject: CRBN Capabilities [125156] Exemption: Under the Code of Practice on Access to Government Information, details of police equipment used to respond to a CBRN terrorist incident cannot be given, as disclosure of such information would harm national security or defence. Code of Practice Part 2, Paragraph 1—Defence, security and international relations.
Date: 30.01.03 Subject: Parole Board [92617] Exemption: Not published under section 12 of the Code of Practice, to protect the privacy of an individual. Date: 03.02.01 Subject: Private sector prisons [93314] Exemption: The disclosure of staYng data for those prisons managed by the private sector is considered to be “third party commercial confidence” in line with exemption 13 in the Code of Practice on Access to Government Information part 2. Date: 02.04.03 Subject: Private sector prisons [105762] Exemption: The disclosure of staYng data for those prisons managed by the private sector is considered to be “third party commercial confidence” in line with exemption 13 in the Code of Practice on Access to Government Information part 2. Date: 24.06.03 Subject: Private sector prisons [120104] Exemption: The disclosure of staYng data for those prisons managed by the private sector is considered to be “third party commercial confidence” in line with exemption 13 in the Code of Practice on Access to Government Information part 2.
Date: 05.02.03 Subject: Death of Mr Mario Clarke [94719] Exemption: The information provided to Mr McNamara had to be limited as we were advised that to disclose precise details of the investigation by the Metropolitan Police could prove prejudicial to the outcome of enquiries. This reasoning was set out in the response. The Code of Practice on Access to Government Information (Part 2) at paragraph 4 specifically exempts the disclosure of information that could prejudice the enforcement or proper administration of the law, including the investigation or detection of crime.
Date: 05.02.03 Subject: Ministerial engagements [95048] Exemption: Exemptions 1, 2 and 7 of the Code were cited in the answer given.
Date: 12.02.03 Subject: Special Branch [96564] Exemption: Not policy to disclose details of Special Branch as it could compromise operations, under section 1 of the Code of Practice, information that if disclosed could harm national security.
Date: 10.11.03 Subject: Special Branch [136470] Exemption: Not policy to disclose details of Special Branch as it could compromise operations, under section 1 of the Code of Practice, information that if disclosed could harm national security. Date: 24.02.03 Subject: Drug Smuggling in Prisons [97997] Exemption: Information was withheld under section 4 of the Code of Practice, information whose disclosure would harm public safety or public order, or would prejudice the security of any building or penal institution. Date: 24.02.03 Subject: Extradition requests [98315] Exemption: This answer is covered by Part 2/Exemption 1 (information whose disclosure would harm the conduct of international relations or aVairs). Ministerial Accountability and Parliamentary Questions: Evidence Ev 115
Date: 25.02.03 Subject: Mutual Legal Assistance [98852] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, Security and International Relations). This answer also falls under exemption 2, internal discussions and advice, confidential communication within department.
Date: 03.03.03 Subject: Counter-terrorist activities/security [97773] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 30.06.03 Subject: Counter-terrorist activities/security [120732] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 03.03.03 Subject: Counter-terrorist activities/security [98851] Exemption: Preventative measures to counter terrorism are not disclosed, it has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 11.03.03 Subject: Counter-terrorist activities/security [102115] Exemption: Not appropriate to comment on security measures at Government buildings, as it has never been Government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 18.03.03 Subject: Counter-terrorist activities/security [102455] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 29.04.03 Subject: Counter-terrorist activities/security [108801] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 11.06.03 Subject: Counter-terrorist activities/security [116438] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations).
Date: 07.07.03 Subject: Counter-terrorist activities/security [121949] Exemption: Information was withheld under section 3 of the Code, information relating to confidential communications with the Royal Household, concerning in this case, security issues.
Date: 17.07.03 Subject: Counter-terrorist activities/security [125987] Exemption: Information was withheld under section 3 of the Code, information relating to confidential communications with the Royal Household, concerning in this case, security issues.
Date: 01.09.03 Subject: Counter-terrorist activities/security [125997] Exemption: Information was withheld under section 3 of the Code, information relating to confidential communications with the Royal Household, concerning in this case, security issues.
Date: 17.09.03 Subject: Counter-terrorist activities/security [129608] Exemption: Information was withheld under section 3 of the Code, information relating to confidential communications with the Royal Household, concerning in this case, security issues. Ev 116 Ministerial Accountability and Parliamentary Questions: Evidence
Date: 22.10.03 Subject: Counter-terrorist activities/security [131584] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 27.03.03 Subject: Counter-terrorist activities/security [104012] Exemption: The policy of the Metropolitan Police Service is that information about the deployment of security Community Support OYcers (CSO) is not appropriate for reasons of security. This is in accordance with the Code of Practice on Access to Information Second Edition 1997, exemption 1 (Defence, security and international relations). Date: 29.10.03 Subject: Counter-terrorist activities/security [132636] Exemption: The policy of the Metropolitan Police Service is that information about the deployment of security Community Support OYcers (CSO) is not appropriate for reasons of security. This is in accordance with the Code of Practice on Access to Information Second Edition 1997, exemption 1 (Defence, security and international relations). Date: 06.05.03 Subject: Counter-terrorist activities/security [109513] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 13.05.03 Subject: Counter-terrorist activities/security [111793] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 07.07.03 Subject: Counter-terrorist activities/security [121884] Exemption: Do not comment on operational counter-terrorist measures, it has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 14.05.03 Subject: Counter-terrorist activities/security [112931] Exemption: Not appropriate to provide personal information about people detained under the Anti- terrorism, Crime and Security Act 2001. This comes under section 4, as it may eVect legal proceedings. Date: 09.07.03 Subject: Counter-terrorist activities/security [123326] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 16.09.03 Subject: Counter-terrorist activities/security [129947] Exemption: It has never been government policy to disclose information that could harm national security, this is covered under Part 2, exemption 1 (Defence, security and international relations). Date: 16.10.03 Subject: Counter-terrorist activities/security [128659] Exemption: It has never been government policy to release details of the UK’s contingency plans for security reasons and this was pointed out in the reply. Exemption 1 of Part II of the Code of Practice refers.
Date: 21.03.03 Subject: Special Advisers [103605] Exemption: Exemption 12 of the Code was cited in the answer to this question as the reasons for a resignation of a Special Advisor is a matter for the Department and the Advisor. Date: 27.03.03 Subject: Meetings [103604] Exemption: Exemptions 2 and 7 of part II of the Code were cited in the answer given. Ministerial Accountability and Parliamentary Questions: Evidence Ev 117
Date: 07.07.03 Subject: Meetings [122143] Exemption: Part 2, section 2 was cited in the answer given. It is not policy to disclose internal discussions and advice. Date: 31.03.03 Subject: Applications for Asylum [105413] Exemption: Part 2 section 13 of the Code was quoted in answer to this question. Date: 06.10.03 Subject: Applications for Asylum [130865] Exemption: Part 2, section 5, disclosing such information may give prejudice to the eVective administration of the asylum system. Date: 02.04.03 Subject: Home OYce Telephone Directory [102029] Exemption: Personal data was not disclosed under the Data Protection Act 1998, in accordance with central guidance. In respect of the Code of Practice this is covered by section 12, unwarranted disclosure of personal information.
Date: 08.04.03 Subject: Boards of visitors [105637] Exemption: Not policy to publish list of visitors for personal safety reasons, covered in the Code by section 12, the privacy of an individual. Date: 28.04.03 Subject: Operation Ore [107199] Exemption: The information sought—all categories of public figures being investigated as part of Operation Ore—was not fully detailed as provided for by Part II Sections 4 (law enforcement and legal proceedings) and 9 (Voluminous requests) of the code. The information on all suspects—over 6,000—was held at 43 forces and seeking a breakdown of professions from them would have represented an unreasonable diversion of resources. In addition, in respect of most of the suspects in this case, proceedings against them were either at an early stage or had not been commenced. Disclosure of the information sought could have prejudiced the proper administration of the law. Date: 13.05.03 Subject: Abu Hamza/James Ujaama [111715] Exemption: It is our policy neither to confirm nor deny that we have received letters of request for mutual legal assistance (unless the existence of such a request has already been placed in the public domain by a third party). This is to ensure that any on-going criminal proceedings or prosecutions are not jeopardised by those under scrutiny being alerted to the investigation. As such, Part II Section 4 (Law Enforcement and Legal Proceedings) of the Code of Practice covers this. There is also an aspect of work that is covered by Part II Section 1 (Defence, security & international relations). Date: 11.06.03 Subject: International Organisation Migration [117766] Exemption: Part 2, paragraph 7—disclosure of information relating to the contracts NASS has with its accommodation providers could prejudice the successful outcome of future negotiations for accommodation contracts. Date: 11.06.03 Subject: UK Passport Service [117124] Exemption: The reply falls under Section 7 of the Code of Practice on Access to Government Information. Date: 01.07.03 Subject: Special Immigration Appeals Commission [121951] Exemption: This PQ was Transferred to DCA. Date: 16.07.03 Subject: Representations [118615] Exemption: This answer is covered by Part 2/Exemption 1 (information whose disclosure would harm the conduct of international relations or aVairs). Date: 17.07.03 Subject: IT contracts [125725] Exemption: The information relating to commercial confidentiality was withheld under Section 7 of the Code of Practice on Access to Government Information (Part 2). Ev 118 Ministerial Accountability and Parliamentary Questions: Evidence
Date: 01.09.03 Subject: Operation Antler [125654] Exemption: 4. Law enforcement and legal proceedings. Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. Date: 01.09.03 Subject: Discussions [124787] Exemption: As stated in the answer, in line with exemptions 1 and 2 of the Code of Practice on Access to Government Information, it is not the normal practice of Governments to disclose details about internal discussions, or information whose disclosure would harm the conduct of international relations or aVairs. Date: 17.09.03 Subject: Work Permits [129109] Exemption: The answer referred to reasons of confidentiality for not disclosing information, this comes under section 12 of the code. Date: 20.10.03 Subject: 2 Marsham Street [131677] Exemption: Information in the answer was from an internal report that was provided as policy advice to Ministers on use of timber in 2MS. The amount of detail omitted was small in relation to the whole reports contents which was otherwise placed in the House library. Ministers approved exemption under Part 2 of the Code. Date: 21.10.03 Subject: Private Alison Croft [132188] Exemption: Part 2 Reasons for Confidentiality, number 4 gives reasons under Law enforcement and legal proceedings. This includes information whose disclosure could prejudice the administration of justice; legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations.
MEMORANDUM 12
Submitted by the Law OYcers’ Department In response to Clive Porro’s letter seeking further information about why certain information was withheld in answer to some PQs in the last Parliamentary session, the following is a schedule providing more detail, where appropriate, on the reasons why the Law OYcers decided to withhold that information:
Subject: Legal advice to Government PQ Number: 81661 (21/11/02) Reason: By long-standing convention, neither the substance of the Law OYcers’ advice, nor the fact that they have been consulted, is disclosed outside Government. This is reflected in paragraph 24 of the Ministerial Code of Conduct. It is supported by paragraphs 2 and 4(d)of Part II of the Code of Practice on Access to Government Information. Subject: Legal advice to Government PQ Number: 94379 (04/02/03) Reason: The question asks the Solicitor-General, what principles she takes into account when considering whether the use of military force is permitted under international law. The reply given answers this question without withholding information. The reply goes on to draw attention to the fact that advice given in specific cases is confidential. Subject: Legal advice to Government PQ Number: 103642 (24/03/03) Reason: The question asks the Solicitor-General to make a statement on her role and responsibilities for providing legal advice to the House. We feel that the answer given addresses this without withholding information. This reply also draws attention to the fact that advice given in specific cases is confidential. Subject: Legal advice to Government PQ Number: 104715 (26/03/03) Reason: As the answer states, by long-standing convention, neither the substance of the Law OYcers’ advice, nor the fact that they have been consulted, is disclosed outside Government. This is reflected in paragraph 24 of the Ministerial Code of Conduct. It is supported by paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information. Ministerial Accountability and Parliamentary Questions: Evidence Ev 119
Subject: Legal advice to Government PQ Number: 114077 (21/05/03) Reason: The answer re-states the long-standing convention, that neither the substance of the Law OYcers’ advice, nor the fact that they have been consulted, is disclosed outside Government. This is reflected in paragraph 24 of the Ministerial Code of Conduct. It is supported by paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information. Subject: Legal advice to Government PQ Number: 128964 (15/09/03) Reason: The question asks how many people in the Law OYcers’ Department had a role in advising on the legality of the occupation of Iraq. The reply answers this question without withholding information. It goes on to add by reference to paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information that the actual advice given is confidential. Subject: Legal advice to Government PQ Number: 133313 (23/10/03) Reason: The answer explains that the convention for non-disclosure of information is supported by paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information. Subject: Legal advice to Government PQ Number: 133314 (23/10/03) Reason: The question asks the Solicitor-General on how many occasions, and in what forms, the Attorney-General has been asked to publish the advice he provided to the Government in respect of the legality of military action in Iraq; if she will list the individuals and organisations which have made requests; and what criteria were used in determining a response. The reply given answers this to the best of our knowledge without withholding information. It goes on to explain that the reason for declining these requests to publish the Attorney General’s advice was the long-standing convention, that neither the substance of the Law OYcers’ advice, nor the fact that they have been consulted, is disclosed outside Government. This is reflected in paragraph 24 of the Ministerial Code of Conduct. It is supported by paragraphs 2 and 4(d) of Part II of the Code of Practice on Access to Government Information. Subject: Discussions PQ Number: 104004 (24/03/03) Reason: The question asks what discussions the Attorney General had with his US counterpart about the legality of action against Iraq. The reply given explains that the Attorney General had a short meeting with US Attorney General, covering a range of issues, on 10 February. It explained that the content of discussions with foreign governments is confidential. This is supported by paragraphs 1 (b) and (c) of Part II of the Code of Practice on Access to Government Information. Subject: Requests by UK for Extradition PQ Number: 124822 (10/07/03) Reason: Exemption 4 (a) & (b). Law enforcement and legal proceedings: — Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. — Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of oVenders. Subject: Individual Prosecutions PQ Number: 126038 (15/07/03) Reason: Exemption 4 (a) & (b). Law enforcement and legal proceedings: — Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. — Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, I hope the above explanations are adequate for the Committee. Please do not hesitate to contact me if you require any further clarification. 30 April 2004 Ev 120 Ministerial Accountability and Parliamentary Questions: Evidence
MEMORANDUM 13
Submitted by the Northern Ireland OYce Thank you for your letter of 10 March 2004 in which you asked for a fuller explanation as to why it was necessary to withhold information in answering particular Parliamentary Questions during the 2002–03 session. I attach a list in the form requested. We will strive to ensure that in future we refer to the relevant part of the Code in those cases where we have to withhold information. 4 May 2004
9 December 2002 Subject: Security at Airports and Ports (PQ 82102) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
8 May 2003 Subject: Security at Airports and Ports (PQ 106899) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
16 January 2003 Subject: Intelligence (PQ 84458) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
19 November 2003 Subject: Intelligence (PQ 134963) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
20 October 2003 Subject: Intelligence (PQ 131917) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
30 October 2003 Subject: Intelligence (PQ 135443) Reasons: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence.
20 January 2003 Subject: Seeking Individuals (PQ 90311) Reason: Exemption 4b—Information withheld on the grounds that disclosure could prejudice the enforcement of proper administration of the law, including the prevention, investigation or detection of crime or the apprehension or prosecution of oVenders.
8 May 2003 Subject: Royal Prerogative of Mercy (PQ 106104) Reason: Exemption 12—Information withheld on the grounds that unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy.
8 May 2003 Subject: Royal Victoria Hospital (PQ 111689) Reason: Exemption 4b—Information withheld on the grounds that disclosure could prejudice the enforcement of proper administration of the law, including the prevention, investigation or detection of crime or the apprehension or prosecution of oVenders.
16 June 2003 Subject: Blelloch Report (PQ 111466) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence. Ministerial Accountability and Parliamentary Questions: Evidence Ev 121
16 June 2003 Subject: Police Service of Northern Ireland (PQ 114150) Reason: Exemption 12—Information withheld on the grounds that unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. Exemption 4f—Information withheld on grounds that disclosure could endanger the life or physical safety of any person. 25 June 2003 Subject: Membership of Terrorist Organisations (PQ 120577) Reason: Exemption 1a—Information withheld on the grounds that this is sensitive information, the disclosure of which would harm national security or defence. 25 June 2003 Subject: Police Ombudsman for Northern Ireland (PQ 120366) Reason: Exemption 4c—Information withheld on the grounds that this is information relating to legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigation which have been completed or terminated, or relating to investigations which have or might have resulted in proceedings. Exemption 12—Information withheld on the grounds that unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. 11 September 2003 Subject: Payments to Companies (PQ 125316) Reason: Exemption 13—Information withheld on the grounds that unwarranted disclosure would constitute a breach of commercial confidences. 14 October 2003 Subject: Gransha Road, Dundonald (PQ 130986) Reason: Exemption 4a—Information withheld on the grounds that disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. 29 October 2003 Subject: Acts of Decommissioning (PQ 134151) Reasons: No exemption required here. The British Government are unaware of where the IRA carried out their three acts of decommissioning. Regardless of that, this information was not specifically asked for in the question asked. 29 October 2003 Subject: Legal Aid in Northern Ireland (PQ 133237) Reason: Exemption 4c—Information requested covered by legal professional privilege. 30 October 2003 Subject: Salmon Farming (PQ 135446) Reason: Exemption 13—Information withheld on the grounds that unwarranted disclosure would constitute a breach of commercial confidences.
MEMORANDUM 14
Submitted by the Prime Minister’s OYce Thank you for your letter of 10 March seeking further information about why certain information was withheld in answer to some PQs in the 2002–03 Parliamentary session. Below is a schedule, providing more detail, where appropriate, on the reasons why the Prime Minister decided to withhold certain information. 30 April 2004 18.11.02 Subject: Leak Inquiries (PQ UIN–80521) Reason: Exemption 7(b)—Information relating to leak investigations and the action taken in each case is withheld on the grounds that it could harm the eYcient conduct and operations of individual Departments. 18.11.02 Ev 122 Ministerial Accountability and Parliamentary Questions: Evidence
Subject: Legal advice (PQ UIN–80523) Reason: Exemption 2(b) and 4(d)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information. Exemption 4(d) on not disclosing information covered by legal professional privilege also applies.
28.01.03 Subject: Legal advice (PQ UIN–93902) Reason: Exemption 2(b) and 4(d)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information. Exemption 4(d) on not disclosing information covered by legal professional privilege also applies. 22.05.03 Subject: Legal advice (PQ UIN–115474) Reason: Exemption 2(b) and 4(d)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information. Exemption 4(d) on not disclosing information covered by legal professional privilege also applies.
28.11.02 Subject: Policy advice (PQ UIN–84140) Reason: Exemption 2(b)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
10.12.02 Subject: Policy advice (PQ UIN–86086) Reason: Exemption 2(b)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
11.03.03 Subject: Policy advice (PQ UIN–102382) Reason: Exemption 2(b)—Internal discussion and advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information. 01.04.03 Subject: Policy advice (PQ UIN–106418) Reason: Exemption 2(b)—Internal advice and consultation is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
24.06.03 Subject: Policy advice (PQ UIN–119884) Reason: Exemption 2(b)—Internal advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
16.07.03 Subject: Policy advice (PQ UIN–126448) Reason: Exemption 2(b)—Internal discussion and consultation is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
11.09.03 Subject: Policy advice (PQ UIN–129279) Reason: Exemption 2(b)—Internal advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information.
15.09.03 Subject: Policy advice (PQ UIN–129256) Reason: Exemption 1(a), 2(b) and 8(a)—Information whose disclosure would harm national security is not disclosed under exemption 1(a) of Part 2 of the Code of Practice on Government Information. Internal advice is not made public under exemption 2(b) of Part 2 of the Code of Practice on Government Information. Information relating to personnel records (including those of public appointments) is not disclosed under exemption 8(a) of Part 2 of the Code of Practice on Government Information.
01.04.03 Subject: Policy discussions (PQ UIN–105436) Reason: Exemptions 2 and 7—It is not normal practice to provide details of specific discussions or their content under exemptions 2 and 7 of Part 2 of the Code of Practice on Government Information. Ministerial Accountability and Parliamentary Questions: Evidence Ev 123
16.05.03 Subject: Policy discussions (PQ UIN–113594) Reason: Exemptions 2(b) and 2(d)—Information relating to internal opinion, advice, recommendation, consultation and deliberation is exempt from disclosure under exemption 2(b) of Part 2 of the Code of Practice on Government Information. Confidential communications between departments are not made public under exemption 2(d) of Part 2 of the Code of Practice on Government Information. 15.07.03 Subject: Policy discussions (PQ UIN–126037) Reason: Exemption 1(b)—Information whose disclosure would harm the conduct of international relations or aVairs is not disclosed under exemption 1(b) of the Code of Practice on Access to Government Information. 18.11.02 Subject: Security Services/intelligence (PQ UIN–80519) Reason: Detailed information about the accounts of the Security and Intelligence Agencies is outside the scope of the Code of Practice on Access to Government Information (paragraph 6 of Part 1). However, the answer made clear that the Intelligence and Security Committee scrutinises the detail of each agency’s finances on behalf of Parliament. 03.02.03 Subject: Security Services/intelligence (PQ UIN–95002) Reason: Exemption 1(a)—Information whose disclosure would harm national security or defence is not disclosed under exemption 1(a) of the Code of Practice on Access to Government Information. 24.02.03 Subject: Security Services/intelligence (PQ UIN–98161/2) Reason: Detailed information about the accounts of the Security and Intelligence Agencies is outside the scope of the Code of Practice on Access to Government Information (paragraph 6 of Part 1). However, the answer made clear that full details of individual Agency accounts and the Comptroller and Auditor General’s opinions on them are available to the Chairman of the Public Accounts Committee and to the Intelligence and Security Committee who are able to scrutinise the detailed accounts on behalf of Parliament. 24.03.03 Subject: Security Services/intelligence (PQ UIN–104223) Reason: Exemption 1—Information whose disclosure would harm national security, defence or the conduct of international relations, and information received in confidence from foreign governments, is not made public. 19.11.03 Subject: Security Services/intelligence (PQ UIN–139602) Reason: Exemption 1—Information whose disclosure would harm national security, defence or the conduct of international relations, and information received in confidence from foreign governments, is not made public. 15.07.03 Subject: Security Services/intelligence (PQ UIN–123047) Reason: Exemption 1—Information whose disclosure would harm national security, defence or the conduct of international relations, and information received in confidence from foreign governments, is not made public. 18.09.03 Subject: Security Services/intelligence (PQ UIN–130992) Reason: Exemptions 1(a) and 1(c)—Information whose disclosure would harm national security or defence and information received in confidence from foreign governments, is exempt from disclosure under exemptions 1(a) and 1(c) of the Code of Practice on Access to Government Information. Exemption 2(b) and 2 (d) also apply as information relating to internal opinion, advice, recommendation, consultation and deliberation and confidential communications between departments are exempt from disclosure. 20.11.02 Subject: Meetings (PQ UIN–82346) Reason: Exemptions 2 & 7—It is not normal practice of Governments to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. Protection of the right to privacy of individuals also applies under exemption 12 of the Code of Practice on Access to Government Information. Ev 124 Ministerial Accountability and Parliamentary Questions: Evidence
23.01.03 Subject: Meetings (PQ UIN–91529) Reason: Exemptions 2 & 7—It is not normal practice of Governments to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. Protection of the right to privacy of individuals also applies under exemption 12 of the Code of Practice on Access to Government Information. 03.02.03 Subject: Meetings (PQ UIN–95228) Reason: Exemption 2—It is not the normal practice of Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 08.04.03 Subject: Meetings (PQ UIN–108031) Reason: Exemptions 2 & 7—It is not normal practice of Governments to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 06.05.03 Subject: Meetings (PQ UIN–110788) Reason: Exemptions 2 & 7—It is not normal practice of Governments to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 16.05.03 Subject: Meetings (PQ UIN–113593) Reason: Exemption 2—It is not the normal practice of Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 30.06.03 Subject: Meetings (PQ UIN–122139) Reason: Exemption 2—It is not the normal practice of Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 14.07.03 Subject: Meetings (PQ UIN–125352) Reason: Exemption 2—It is not the normal practice of Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 16.07.03 Subject: Meetings (PQ UIN–126521) Reason: Exemption 2—It is not the normal practice of Government to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 17.07.03 Subject: Meetings (PQ UIN–126921) Reason: Exemptions 2 & 7—It is not normal practice of Governments to release details of specific meetings or their content as some of these discussions may have taken place on a confidential basis. 25.11.02 Subject: Interception of communications (PQ UIN–82594) Reason: Exemption 1(a)—With the exception of Members of Parliament, information whose disclosure would harm national security or defence applies in respect of the Government’s policy neither to confirm nor deny allegations in respect of interception matters. 07.05.03 Subject: Interception of communications (PQ UIN–112055) Reason: Exemption 1(a)—With the exception of Members of Parliament, information whose disclosure would harm national security or defence applies in respect of the Government’s policy neither to confirm nor deny allegations in respect of interception matters. 28.11.02 Subject: Proceedings of Cabinet/Cabinet Committees (PQ UIN–83868) Reason: Exemption 2—Membership of Cabinet Committees is made public. However, information relating to the proceedings of Cabinet committees is not disclosed under Exemption 2 of Part 2 of the Code of Practice on Access to Government Information. Ministerial Accountability and Parliamentary Questions: Evidence Ev 125
24.03.03 Subject: Proceedings of Cabinet/Cabinet Committees (PQ UIN–104221) Reason: Exemption 2—Membership of Cabinet Committees is made public. However, information relating to the proceedings of Cabinet committees is not disclosed under Exemption 2 of Part 2 of the Code of Practice on Access to Government Information.
14.10.03 Subject: Proceedings of Cabinet/Cabinet Committees (PQ UIN–131682) Reason: Exemption 2—Information relating to the proceedings of Cabinet and Cabinet committees is not disclosed under Exemption 2 of Part 2 of the Code of Practice on Access to Government Information. 09.12.02 Subject: Iraq (PQ UIN–86430) Reason: Exemption 4(f)—Information whose disclosure could endanger the life or physical safety of any person is not disclosed under exemption 4(d) of the Code of Practice on Access to Government Information. Protection of the right to privacy of individuals also applies under exemption 12 of the Code of Practice on Access to Government Information.
20.01.03 Subject: Iraq (PQ UIN–91330) Reason: Exemptions 1(c) & 4(a)—It is not normal practice for information received in confidence from foreign governments, foreign courts or international organisations to be made public under exemption 1(c) of the Code of Practice on Access to Government Information. Information whose disclosure could prejudice the administration of justice, legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) is not disclosed under exemption 4(a) of the Code of Practice on Access to Government Information.
13.02.03 Subject: Chequers (PQ UIN–95526) Reason: The answer made clear that the Chequers trust is a private trust and the accounts are confidential. It is not a matter for the Government to release details of those accounts.
20.03.03 Subject: Police investigations (PQ UIN–104059) Reason: Exemption 4—Information relating to law enforcement and legal proceedings is not made public under exemption 4 of the Code of Practice on Access to Government Information.
16.06.03 Subject: Pentagon Defense Intelligence Agency (PQ UIN–118953) Reason: Exemptions 1(a) and 1(c)—Information whose disclosure would harm national security or defence and information received in confidence from foreign governments, is exempt under from disclosure under exemptions 1(a) and 1(c) of the Code of Practice on Access to Government Information. 30.06.03 Subject: Political Honours Scrutiny Committee (PQ UIN–122113) Reason: Exemption 8 (c)—Information, opinions and assessments given in relation to recommendations for honours are not disclosed under exemption 8 (c) of the Code of Practice on Access to Government Information. 09.07.03 Subject: Correspondence (PQ UIN–123004) Reason: Exemption 1(b)—Information whose disclosure would harm the conduct of international relations or aVairs is not disclosed under exemption 1(b) of the Code of Practice on Access to Government Information. 09.07.03 Subject: Gripen jets (PQ UIN–123004) Reason: Exemptions 1(b) and 13—Information whose disclosure would harm the conduct of international relations or aVairs is not disclosed under exemption 1(b) of the Code of Practice on Access to Government Information. Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party is not disclosed under exemption 13 of the Code of Practice on Access to Government Information. Ev 126 Ministerial Accountability and Parliamentary Questions: Evidence
15.09.03 Subject: StaV (PQ UIN–129774) Reason: Exemption 8 (a)—Information relating to personnel records including those relating to recruitment, promotion and security vetting are not disclosed under exemption 8 (a) of the Code of Practice on Access to Government Information. Protection of the right to privacy of individuals also applies under exemption 12 of the Code of Practice on Access to Government Information. 20.10.03 Subject: StaV (PQ UIN–132455) Reason: Exemption 12—Unwarranted disclosure to a third party of personal information or any other disclosure which could constitute or could facilitate an unwarranted invasion of privacy such as information relating to individual salaries of staV members is not disclosed under exemption 12 of the Code of Practice on Access to Government Information. 20.10.03 Subject: Syria (PQ UIN–133279) Reason: Exemption 1(a)—Information whose disclosure would harm national security or defence is not made public. 18.11.03 Subject: House of Lords Appointments Commission (PQ UIN–139748) Reason: As the answer makes clear the information could be provided only at disproportionate cost and in breach of the House of Lords Appointments Commission’s own undertakings to treat all personal information in individual applications in strict confidence. Protection of the right to privacy of individuals also applies under exemption 12 of the Code of Practice on Access to Government Information. Information given in confidence is also exempt from disclosure under exemption 14 of the Code of Practice on Access to Government Information.
MEMORANDUM 15
Submitted by the Privy Council OYce I am responding to Clive Porro’s letter of 10 March to Stephen Hillcoat. The information requested is set out below.
Question of 30 April on Privy Council OYce StaV (No 104252) As stated in the Answer, disclosure of the number of staV who had taken long-term sick leave could have led to their identification. The refusal relates to Exemptions 7, 8 and 12 in the Code of Practice on Access to Government information. Exemption 7 applies because disclosure of the information would prejudice the eVective conduct of personnel management. Exemption 8 applies because there could be disclosure of personnel records. Exemption 12 applies because such disclosure of personal information would constitute or could facilitate an unwarranted invasion of privacy. At 30 April 2003, the Privy Council OYce had just 34 members of staV. With such a small headcount, to disclose the number who were on long term sick leave could facilitate an unwarranted invasion of privacy for it would then have been relatively easy to identify the individuals concerned and then discover other personal information about them (Exemption 12). Moreover, answering the Question would have disclosed personnel records (Exemption 8) and prejudiced the eVective control of personnel management in relation to the staV concerned and generally if it became apparent that the Department was willing to allow this private information to become public knowledge.
Question of 16 July on Departmental Legislative Bids (No 124978) The Government declined to list the Departments who had bid for Bills in the following session, because to do so would have revealed the content of Cabinet and Cabinet Committee proceedings and pre-empted the Queen’s Speech. Exemption 2 of the Code of Practice on Access to Government Information exempts a number of categories of information, and these include the proceedings of Cabinet and Cabinet Committees and internal opinion, advice, recommendation, consultation and deliberation, on the grounds that the release of such information would harm the frankness and candour of internal discussion. It is a well-established convention that the Government does not reveal the contents of the Queen’s Speech in advance. The Queen’s Speech is prepared by the Cabinet Committee on the Legislative Programme (LP) and agreed by Cabinet and is thus exempted by the Code. 29 April 2004 Ministerial Accountability and Parliamentary Questions: Evidence Ev 127
MEMORANDUM 16
Submitted by the Scotland OYce I apologise for the delay in responding to Clive Porro’s letter of 10 March requesting advice on certain parliamentary answers given in the Session 2002–03. Mr Porro sought advice on four such answers in which there was no reference to the Code of Practice on Access to Government Information. I attach a list of those questions and advice on the reply to each one. 5 October 2004
Secretary of State for Scotland
24.03.03 Subject: Meetings Reason: Exemption 2—Information relating to the proceedings of Cabinet and Cabinet Committees is confidential. 9.04.03 Subject: Meetings Reason: Exemption 2—Confidential communications between departments, public bodies and regulatory bodies. 20.10.03 Subject: Engagements Reason: It would have been inappropriate to provide the information requested because this would have included information covered by Exemptions 2 (Internal discussion and advice), 12 (Privacy of an individual) and 13 (Third party’s commercial confidences).
Advocate General for Scotland
14.10.03 Subject: Engagements Reason: It would have been inappropriate to provide the information requested because this would have included information covered by Exemptions 2 (Internal discussion and advice), 4 (Law enforcement and legal proceedings) and 12 (Privacy of an individual).
MEMORANDUM 17
Submitted by the Department of Trade and Industry Thank you for your letter dated 10 March enclosing the list of Parliamentary Questions that the Table OYce have identified as examples of where DTI Ministers refused to answer in Session 2002–03. I am pleased to note that of the 84 answers identified by the Table OYce, Ministers correctly cited specific exemptions under the Code of Practice in 42 of these. Following discussions with you it was agreed that the Department’s response should therefore comment on the other 42 answers that did not refer to the Code or any of its exemptions. I therefore attach the Department’s memorandum 10 May 2004
No Date Subject Comment Qno Col
2. 3.06.03 Correspondence, The correspondence was part of internal 115120 335W meetings and Government discussion and therefore Exemption minutes 2—internal discussion and advice applies. 14.03.03 Such meetings can discuss future policy 102783 487W developments and therefore Exemption 2— internal discussion and advice applies. 9.06.03 The discussion and letter contained commercially 116268 632W sensitive information concerning UK companies and therefore Exemption 13—Third Party commercial confidences applies. Ev 128 Ministerial Accountability and Parliamentary Questions: Evidence
No Date Subject Comment Qno Col
3. 18.12.02 Mozambique This information is withheld by companies on the 87062 825W basis that it is commercially sensitive. Therefore Exemption 13—Third Party Commercial confidences applies.
4. 7.01.03 Security at civil Details of security issues are highly sensitive and 88396 144W nuclear facilities therefore Exemption 1. Defence, security and international relations (a) Information whose disclosure would harm national security or defence. 16.01.03 as for answer to 88396 90315 797W 12.01.03 as for answer to 88396 96988 753W 19.03.03 as for answer to 88396 102845 770W 20.05.03 The question is a request for action (ie a visit) and 112880 718W therefore a Code exemption is not appropriate. 7.07.03 as for answer to 88396 123760 574W
6. 13.01.03 ECGD Application for ECGD cover will contain 88074 442W commercially sensitive information. Therefore Exemption 13—Third party commercial confidences applies. 3.06.03 as for answer to 88074 113943 329W 9.06.03 as for answer to 88074 116787 625W 16.10.03 The information could not be provided under 132372 286–7W Exemption 7. EVective management and operations of the public service (a) Information whose disclosure could lead to improper gain or advantage or would prejudice negotiations or the eVective conduct of personnel management, or commercial or contractual activities.
9. 20.02.03 Post OYce Detailed breakdown of figures could not be made 91938 10–11W public hence the use of Exemption 13.
11. 20.02.03 OYce of Fair Information is provided to OFT on a confidential 97587 75–6W Trading basis as an essential part of their operations, hence the Exemption 13—Third Party commercial confidences and Exemption 14—Information given in confidence—apply. 1.09.03 The information was part of internal Government 126554 695W discussion and therefore Exemption 2—internal discussion and advice: projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options applies.
15. 3.04.03 Iraq Providing detailed information would identify the 105124 791–2W reconstruction commercial operations of companies and therefore Exemption 13—Third Party Commercial Confidences applies. 16. 14.04.03 Grants to non- Organisations have been listed in the answer but 109033 492–3W Government not the individual companies that were given bodies grants by the parent organisation, as this would identify particular projects hence Exemption 13 applies.
17. 14.04.03 Oil refined in Providing detailed information would identify the 107535 484W Wales commercial operations of companies and therefore Exemption 13—Third Party Commercial Confidences applies. Ministerial Accountability and Parliamentary Questions: Evidence Ev 129
No Date Subject Comment Qno Col
18. 14.04.03 Radioactive The information requested was not held by the 107699 486–7W waste Department, thus there was no obligation to cite a Code exemption. As the reply notes the information was held by Nirex, who would not make the information available, should such an approach be made.
19. 28.04.03 One North East Providing detailed information would identify the 108693 182W commercial operations of companies and therefore 108694 Exemption 13—Third Party Commercial Confidences applies.
20. 29.04.03 Export licences Export Licences contain a particular company’s 110248 310W own commercial information and are therefore not disclosed under Exemption 13—Third Party Commercial Confidences and Exemption 14—Information given in confidence. 9.06.03 The Government does not comment on internal 117017 619W procedures relative to export licences as to do would harm the proper and eYcient conduct of relevant departments, as recognised by Exemption 7(b). 21. 9.06.03 Export Control The Government does not publish details of 117020 622W Organisation discussions between departments or Government organisations, therefore Exemption 1. Defence, security and international relations (a) Information whose disclosure would harm national security or defence applies. 22. 23.06.03 Companies The information could not be provided under 120068/ 566–7W Exemption 15. Statutory and other restrictions 69 (a) Information whose disclosure is prohibited by or under any enactment, regulation, European Community law or international agreement. 14.10.03 as for answer 120068 129936 108W 23.10.03 The information was provided in confidence and 132201 668W therefore Exemption 14—Information given in confidence. 23. 3.06.03 A400M engine Under Exemption 13 (b) of the code applies in that 113989 317W the disclosure of the information would harm the competitive position of the company. 3.06.03 as for answer 113989 113988 317W 24. 3.05.03 Cambridge MIT The information was designed to aid internal 115428 321W Institute discussion between oYcials and Ministers, and therefore Exemption 2—Internal advice and discussion applies. 25. 12.06.03 Ofgem The information was provided in confidence and 116993 1000W therefore Exemption 14—Information given in confidence applies.
26. 12.06.03 Gas Order The information could not be provided under 116995 1000W Exemption 4—Law enforcement and legal 117077 proceedings (a) Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. Ev 130 Ministerial Accountability and Parliamentary Questions: Evidence
No Date Subject Comment Qno Col
27. 30.06.03 Becton gas Publication of the information would not be 121798 69–70W terminal appropriate on security grounds under Exemption 1. Defence, security and international relations (a) information whose disclosure would harm national security or defence. 28. 3.07.03 Advantage West This information was withheld on the basis that it 122602–3 424W Midlands is commercially sensitive. Therefore Exemption 13—Third Party Commercial confidences applies. 30. 9.07.03 LG electronics The question asked about a decision that was 121906 794W group taken prior to May 1997, for which the Minister had no responsibility. 31. 14.07.03 Atomic Energy Release of the information requested would be of 124944 13W Authority potential use to terrorists and therefore reference Constabulary should have been made to Exemption 1a) Information whose disclosure would harm national security or defence. 32. 29.10.03 Ashley Jenkins The information could not be provided under 134253 255–6W Exemption 4—Law enforcement and legal proceedings. (a) Information whose disclosure could prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigations (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. 33. 10.11.03 Universal Bank Individual contributions by the parties were 137022 25W discussed on the basis that they would remain confidential and therefore Exemption 13—Third Party Commercial confidences applies. 34. 13.11.03 Applications for The information provided to the Patent OYce 133825 404W patents contained sensitive material under Exemption 13 (b) of the code that the disclosure of the information would harm the competitive position of the company.
MEMORANDUM 18
Submitted by the Department for Transport Thank you for your letter of 10 March regarding parliamentary questions which Ministers have refused to answer in the 2002–03 Session. I enclose a table listing the questions you identified and explaining why the information was not provided with references to the Code of Practice on Access to Government Information. 22 March 2004
No. 1 Tonnage tax 19.11.02 qno 80893 Reason: Exemption 13—Commercial confidentiality. No. 2 Uckfield rail line 4.12.02 qno 85008, 85236, 85237 Reason: Exemption 13—Commercial confidentiality. No. 3 Maritime Control Agency 17.12.02 qno 87566 Reason: Exemption 12—Privacy of an individual. No. 4 Security and terrorist threats to transport 7.01.03 qno 88521 Reason: Exemption 1—Information whose disclosure would harm national security or defence. Ministerial Accountability and Parliamentary Questions: Evidence Ev 131
28.01.03 qno 93244 Reason: Exemption 1—Information whose disclosure would harm national security or defence. 3.02.03 qno 94277 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 126054 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 129223–8 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 98654 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 98023 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 100721 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 102198 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 111462 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 138356 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 138357, 138363 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 94459 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 98565 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 99118 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 130286 Reason: Exemption 1—Information whose disclosure would harm national security or defence. qno 133129 Reason: Exemption 1—Information whose disclosure would harm national security or defence. No. 5 Cabinet Committees qno 88459 Reason: Exemption 2—Proceedings of Cabinet Committees are not made public. No. 6 Portland area search and rescue helicopter qno 90409 Reason: Exemption 13—Commercial confidentiality. No. 7 Track access grant qno 91646 Reason: Exemption 13—Commercial confidentiality. No. 8 Contracts qno 93221, 93228, 93237 Reason: Exemption 13—Commercial confidentiality. No. 9 Capita qno 97335 Reason: Exemption 13—Commercial confidentiality. No. 10 Meetings and discussions qno 94357 Reason: Exemption 2—Internal discussion and advice are not made public. qno 97267 Reason: Exemptions 2 and 7—It is not the normal practice of Governments to release details of specific meetings or their content as some of the discussions may have taken place on a confidential basis. qno 103600 Reason: Exemptions 2 and 7—It is not the normal practice of Governments to release details of specific meetings or their content as some of the discussions may have taken place on a confidential basis. Ev 132 Ministerial Accountability and Parliamentary Questions: Evidence
qno 124778 Reason: Exemptions 1 and 2—It is not the normal practice of Governments to disclose details about internal discussions, or information whose disclosure would harm the conduct of international relations or aVairs. qno 132684, 132720–2, 132729, 132730 Reason: Exemption 2—Internal discussion and advice are not made public. No. 11 Special Advisers qno 103601 Reason: Exemption 12—Privacy of an individual. qno 112468 Reason: Exemption 12—Privacy of an individual. No. 12 Companies qno 108329 Reason: Inappropriate for Government to comment on the financial position of particular companies, which is a matter for the shareholders concerned. No. 13 Schroder Salmon Smith Barney qno 111213 Reason: Exemption 13—Commercial confidentiality. No. 14 Rail franchises qno 115707 Reason: Exemption 13—Commercial confidentiality. No. 15 North-South rail line qno 115715 Reason: Exemption 13—Commercial confidentiality. No. 16 Internal advice qno 119138 Reason: Exemption 2—Confidential communications between public bodies. No.17 Consultation on transport qno 122898 Reason: Exemption 14—Information given in confidence. No. 18 London Transport qno 126631 Reason: Exemption 1—Information whose disclosure would harm national security or defence. No. 19 Accident at Broken Cross Bridge, Salisbury qno 137767 Reason: Inappropriate for Government to comment further pending receipt of the accident report.
MEMORANDUM 19
Submitted by HM Treasury Thank you for your letter of 10 March to Gus O’Donnell about answers to written questions in the 2002–03 Parliamentary session. The schedule accompanying your letter listed 65 questions which had been blocked by the Treasury. One of these questions was in fact answered by the Wales OYce (Q116799 on 1 July 2003). In the case of 53 of the 64 answers given by Treasury Ministers the relevant exemption permissible under the Code of Practice on Access to Government Information was cited in the reply. In the remaining 11 instances, the Treasury regrets that the Code exemption which applied was not specified. Information in respect of these 11 answers is provided in the form you have requested in the enclosed note. 23 March 2004
25 November 2002 HM Customs and Excise (83259) Ministerial Accountability and Parliamentary Questions: Evidence Ev 133
Exemption 4(b) and 7(b): Information which could prejudice the enforcement of the law, including the prevention, investigation and detection of crime; and information which would harm the proper and eYcient conduct of the operations of the department.
25 November 2002 HM Customs and Excise (83333)
Exemption 4(b) and 7(b): Information which could prejudice the enforcement of the law, including the prevention, investigation and detection of crime; and information which would harm the proper and eYcient conduct of the operations of the department.
3 December 2002 Meetings (84814)
Exemption 7: Information which would harm the proper and eYcient conduct of the operations of the department.
18 December 2002 Meetings (87672)
Exemption 7: Information which would harm the proper and eYcient conduct of the operations of the department.
12 December 2002 £/ƒ Exchange rate (85267)
Exemption 6(a): Information which would harm the ability of the Government to manage the economy, prejudice the conduct of oYcial market operations or could lead to improper gain or advantage.
8 April 2003 Inland Revenue (107445)
Exemption 13: The Inland Revenue is statutorily debarred from disclosing information relating to the tax aVairs of individuals and companies.
8 September 2003 Inland Revenue (126365)
Exemptions 8 and 12: Information relating to the performance appraisal of individual civil servants is confidential.
8 April 2003 Opinion Research (106794)
Exemption 13: The cost of the poll referred to is commercially confidential.
19 May 2003 Accounts at the Bank of England (114320)
Exemption 13: Information concerning accounts held at the Bank of England is commercially confidential.
3 July 2003 Appointments (122991)
Exemption 12: Personal information concerning individuals which could facilitate an unwarranted invasion of privacy.
15 July 2003 Consultancies (123664) Exemption 13: Information which is commercially confidential. Ev 134 Ministerial Accountability and Parliamentary Questions: Evidence
MEMORANDUM 20
Submitted by the Department for Work and Pensions I am responding to your letter of 10 March to Richard Mottram requesting information about Parliamentary Questions which Ministers have refused to answer. The information requested is attached. 30 April 2004
PQ no No Date Subject Comment (UIN) 1 21.11.02 Post OYce Answer stated that payments to Post OYce for provision of 82166 Card accounts card accounts were commercially confidential. We should have added that this information is withheld in line with para 13 of the code of Practice. 9 16.6.03 Child Support The question was about the child maintenance arrears in an 118072 Agency individual case. The Chief Executive of the CSA replied by saying that he would write separately to the MP. We should have added that this information is withheld in line with para 12 of the Code of Practice. 10 26.6.03 New Deal We were able to give figures of people entering sustained 113763 employment since the scheme began and in the last year, but because of the small volumes figures for the last quarter might have identified individuals. We should have added that this information is withheld in line with para 12 of the Code of Practice. 11 9.7.03 Employment Answer stated that expenditure for individual employment 114462 zones zones was commercially confidential. We should have added that this information is withheld in line with para 13 of the Code of Practice. 14 12.11.03 Labour The answer stated that we do not make forecasts of the 136023 market overall level of demand for labour. This is not information withheld; this is information not available. Ministerial Accountability and Parliamentary Questions: Evidence Ev 135
Appendix 3: Withheld answers to written parliamentary questions in session 2003–04
Letter submitted by the Principal Clerk, Table Office, House of Commons
Following the practice established in the last Parliament, I enclose a copy of the Table Office’s digest of the pattern of answers: the list of questions which Ministers refused to answer in the Session 2003–04, which lasted from 26 November 2003 to 18 November 2004. Questions which have not been answered on the grounds of disproportionate cost are not listed, other than those for which Exemption 9 of the Code of Practice has been cited.
The Table Office’s memorandum to the Public Service Committee in 1996 set out the procedure relating to the compilation, Office style and use of the pattern of answers list, which is of course neither a complete digest of blocking answers nor an absolute statement of what may not be asked. It is primarily an internal document designed as a practical guide to some of the limits set by ministers in replying to questions.
20 December 2004
Pattern of answers list for session 2003–04 ADVOCATE GENERAL FOR SCOTLAND No. Date Subject Comment qno. Col. 1 27.04.04 Human Rights The fact and contents of any legal advice 167046 878W given by the Advocate General in her capacity as a law officer is confidential. CABINET OFFICE No. Date Subject Comment qno. Col. 1 12.01.04 School funding Internal discussion and advice given to 147148 554W strategy and delivery units on methods of funding schools is confidential. (Exemption 2 of Code of Practice) 2 15.01.04 Leak inquiries Practice not to comment on the outcomes 147010 830W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 3 26.01.04 Public Services Cabinet Office paper containing an audit 148758 72W Audit of public services would not be placed in the Library as internal discussion and advice to Ministers was confidential. (Exemption 2 of Code of Practice) 5.02.04 Public Services Not policy to comment on reports in the 152453 1048W Audit media that are not from authorised briefing. 4 2.02.04 Public Sector Not appropriate to discuss specific 151504 714W information vulnerabilities identified in public sector infrastructure information technology systems. 5 10.05.04 Green Ministers Established practice not to disclose 167738 4W information relating to proceedings of and Cabinet Committees (Ministerial sub- 167739 Committee of Green Ministers). (Exemption 2 of Code of Practice)
Ev 136 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 13.05.04 Green Ministers Reiterated. 167740 560W (Exemption 2 of Code of Practice) 6 12.05.04 Regulatory Impact Regulatory Impact Statements included in 171610 360W Statements Cabinet papers or ministerial letters seeking collective agreement are exempt from disclosure under Code of Practice. 7 16.06.04 Panel for Established practice not to disclose 178832, 956W Regulatory information relating to proceedings of 178833, Accountability Cabinet Committees. 178835 (Exemption 2 of Code of Practice) and 178836 8 1.09.04 Legal Proceedings Information on amounts spent settling 181462 692W individual claims withheld to protect confidentiality of individuals concerned. 9 20.10.04 Strategy and Salaries of individual civil servants are not 189988 720W Delivery Units disclosed. (Exemption 12 of Code of Practice) CHANCELLOR OF DUCHY OF LANCASTER No. date Subject Comment qno col 1 9.11.04 Consultations Information on meetings with HM Queen 195955 621W with HM Queen withheld. (Exemption 3 of Code of Practice) CHURCH COMMISSIONERS No. Date Subject Comment qno. Col. 1 26.03.04 1 Millbank Church Commissioners do not publish 164051 1078W income figures from individual tenants as information is commercially sensitive. DEPARTMENT FOR CONSTITUTIONAL AFFAIRS No. Date Subject Comment qno. Col. 1 18.12.03 Electoral Application forms for membership of 144895 1115W Commission Electoral Commission are confidential. 2 7.01.04 Asylum and Consultations with judiciary on changes to 145640 408W immigration asylum and immigration tribunals tribunals undertaken in confidence. 3 7.01.04 Personnel Fewer than five senior civil service staff 144975 408W have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 4 31.03.04 Special Details of Mr Hamza’s appeal to the 163845 1417W Immigration Funding Review Committee for an appeal Appeals to the SIAC can not be disclosed for reasons Commission of confidentiality. 5 26.04.04 Bailiffs Fees and charges for the employment of 166805 791W bailiffs and enforcement agencies are commercially confidential. 6 12.05.04 Land Registry Methods of application for land 171384 384W registration services and fees payable are prescribed by statute; would be inappropriate for these to be circumvented by a parliamentary question. 7 19.10.04 Consultations Communications between Ministers and 192654 640W with HM Queen HM Queen are confidential. (Exemption 3 of Code of Practice) 8 20.10.04 Ministerial Not practice to provide details of all 192655 773W Meetings meetings. and (Exemption 2 of Code of Practice) 192695 21.10.04 Ministerial Reiterated. Question related to meetings 192698 894W Meetings with Lord Chief Justice
Ministerial Accountability and Parliamentary Questions: Evidence Ev 137
No. Date Subject Comment qno. Col. 28.10.04 Ministerial Reiterated. Question related to 192653 1394W Meetings consultations with the lay magistracy. (Exemption 2 of Code of Practice) CULTURE, MEDIA AND SPORT No. Date Subject Comment qno. Col. 1 9.12.03 Security details of most expensive work of art 142353 426W acquired by the Department withheld for security reasons. 2 5.01.04 Digital Television Amounts of money paid by companies to 145509 131W Transmission convert analogue transmitters to digital are commercially confidential. 3 22.01.04 Departmental Minister could not provide breakdown of 148984 1374W Personnel disability type of disabled staff as Code of Practice on Equal Opportunities Monitoring prevented disclosure of data for groups smaller than five. (Exemption 12 of Code of Practice) 4 26.01.04 Drugs in sport Inappropriate to comment on the 150640 45W appointment of Michele Verroken to position dealing with campaigns against misuse of drugs in sport. 5 11.03.04 Television The BBC has indicated that it does not 158578 1636W Licensing publicise the costs of individual advertising Authority campaigns for reasons of commercial sensitivity. 6 22.03.04 Honours (sport) Information about advisory committees in 161216 579W the honours system and the advice they give can not be disclosed. (Exemptions 2 and 8 of Code of Practice) 30.03.04 Honours (rugby) Minister can not comment on individual 163960 1314W decisions made by the honours committee. 7 19.04.04 Green Ministers Established practice not to disclose 165956 240W information relating to proceedings of Cabinet Committees (Ministerial sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 15.10.04 Green Ministers Minister can not provide details of 190850 409W meetings attended of a Cabinet Committee (Ministerial sub-Committee of Green Ministers). 8 19.07.04 Employment Amount of settlement by Department in 181470 47W Tribunals case at Employment Tribunal withheld. (Exemption 4 of Code of Practice) 9 4.10.04 Royal Parks Police Inappropriate to provide detailed 189203 1797W information about security measures in the Royal Parks. DEFENCE No. Date Subject Comment qno. Col. (1) IRAQ 1 8.12.03 Intelligence Intelligence basis of military action in Basra 141098 269W on 5 April withheld. (Exemption 1 of Code of Practice) 1.07.04 Intelligence Information withheld relating to the origin 181399 420W of intelligence regarding foreign technology and technical assistance provided to Iraqi WMD programme. (Exemption 1 of Code of Practice)
Ev 138 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 2 23.02.04 Civilian deaths: Reports of investigations carried out by the 147698 45W Special Special Investigations Branch into civilian Investigations fatalities would not be published. Branch 8.03.04 Civilian deaths Details of units involved in any incident 147713 1265W that has been subject to a Special Investigations Branch investigation are not made public unless the case is referred for court martial. 9.03.04 Civilian deaths Reiterated. 147707 1402W 21.06.04 Civilian deaths: Names of alleged Iraqi victims of abuse at 179011 1180W hands of UK soldiers, where the commanding officer of the regiment in question decided that there was no case to answer, withheld. (Exemption 12 of Code of Practice) 1.09.04 Civilian deaths Details of cases related to claims for 186052, 714W compensation not disclosed. 185935, (Exemption 12 of Code of Practice) 185934 7.09.04 Civilian deaths Details of information passed to the 185888 1177W families of Iraqis whose deaths were allegedly caused by UK forces withheld. (Exemption 12 of Code of Practice) 3 6.01.04 Rules of Rules of engagement of UK forces in Iraq 141682 235W Engagement are confidential. (Exemption 1 of Code of Practice) 21.01.04 Rules of Soldier’s card issued to UK forces in Iraq 147676 1246– Engagement: contained information on rules of 7W soldier’s card engagement which are confidential. (Exemption 1 of Code of Practice) 4 21.01.04 Contracts Information on private contracts for supply 148004 1247W and support of UK troops in Iraq are commercial in confidence. (Exemption 7 of Code of Practice) 19.07.04 Contracts Details of contracts given to private 175095 25W companies for work in Iraq are commercial in confidence. 5 25.02.04 Operation Telic: Minister unable to comment on individual 153514 405W Gulf War case for reasons of medical confidentiality. Syndrome 6 2.03.04 Urgent Specific details of Urgent Operational 147273 789W Operational Requirements for Operation Telic are and and Requirements operationally sensitive. 151347 792W (Exemption 1 of Code of Practice) 10.06.04 Urgent Reiterated. 160228 604W Operational (Exemption 1 of Code of Practice) Requirements 7 21.05.04 Armaments Numbers of BGM-109 Tactical Tomahawks 174375 1256W used in Iraq withheld. (Exemption 1(a) of Code of Practice) 7.06.04 Armaments Numbers of plastic baton rounds supplied 176087 213W to British Forces in Iraq withheld. (Exemption 1 of Code of Practice) 1.11.04 Armaments Details of armaments used by UK, US and 193647 104W Iraqi forces in Iraq withheld. (Exemption 1(a) of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 139
No. Date Subject Comment qno. Col. 8 21.05.04 Special forces Details of assistance provided by UK special 175139 1252W forces to US military personnel in investigation techniques withheld. (Exemption 1 of Code of Practice) 26.05.04 Special forces Details of role played by SAS and SBS in 175048 1693W Fallujah withheld. (Exemption 1 of Code of Practice) 9 8.06.04 Treatment of Ministers discussions with coalition 173521 293W prisoners partners regarding handling of prisoners withheld (Exemption 1(b) of Code of Practice; and discussions with armed forces withheld (Exemption 2 of Code of Practice) 14.06.04 Treatment of Some of the manuals used in training of 173340 643W prisoners: training armed forces in Iraq in interviewing and managing civilian detainees withheld. (Exemption 1(a) of Code of Practice) 20.07.04 Treatment of Details of the incident that gave rise to 185599 235W prisoners concerns about the practice of hooding prisoners withheld. (Exemption 4 of Code of Practice) 15.07.04 Treatment of Standard Operating Instruction on the 184426 1236W prisoners Policy for Apprehending, Handling and Processing of Detainees and Internees withheld. (Exemption 1(a) of Code of Practice) 1.09.04 Treatment of Training directives including guidance for 175065 714W prisoners personnel with responsibility for interrogation of detainees and prisoners of war withheld. (Exemption 1(a) of Code of Practice) 10 28.06.04 Shaibah Name of officer commanding the facility 177706 144W Detention facility withheld. (Exemption 12 of Code of Practice) 11 7.07.04 Shatt al Arab Details of representations made to the 182465 719W incident (Iran) Iranian government are confidential between the governments. 7.07.04 Shatt al Arab Medical details of the serviceman returned 182468 720W incident (Iran) to the UK are confidential. 12 27.10.04 Black Watch Operational Order issued to Black Watch 193246 1230W concerning redeployment in Iraq withheld for reasons of operational security. (Exemption 1(a) of Code of Practice) 13 27.10.04 Fallujah Disclosing details of discussions with US 192954 1257W Administration and Iraqi Interim and Government on proposed assault on 192955 Fallujah would endanger the operations. 14 8.11.04 Butler Committee Letter written by Department’s legal 185191 550W adviser to legal secretary to the Law Officers in respect of the legal position on military action against Iraq is covered by legal professional privilege. (Exemptions 2 and 4 of Code of Practice) 15 15.11.04 Defence Crisis Not policy to release names of members of 197197 1047W Management DCMO. Organisation (Exemption 12 of Code of Practice) 16.11.04 Defence Crisis Reiterated. 198426 1286W Management (Exemption 12 of Code of Practice) Organisation
Ev 140 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 16.11.04 Defence Crisis Minutes of meetings of DCMO not 198425 1286W Management released. Organisation (Exemption 1 of Code of Practice) (2) Equipment, munitions, costs and contracts. 1 4.12.03 Al Yamamah Department’s obligations under the Al 140789 126W Programme Yamamah programme are covered by confidential arrangements with Saudi Government. 16.12.03 Al Yamamah Details of fees received by Department for 141988 844W Programme management of Saudi Armed Forces Project are confidential. (Exemption 1 of Code of Practice) 7.06.04 Al Yamamah BAe Systems’ claims for provision of 175878 205W Programme accommodation and support for overseas visitors in respect of the Al Yamamah project are confidential between Governments. (Exemption 1 of Code of Practice) 22.06.04 Al Yamamah The name of the successor to the Al- 178757 1299W Programme Yamamah project within the Royal Saudi Air Force confidential between Governments. (Exemption 1 of Code of Practice) 30.06.04 Al Yamamah Details of claims endorsed by members of 178616 356W Programme the Saudi Armed Forces Project Office are confidential between UK and Saudi governments. (Exemption 1 of Code of Practice) 2 11.12.03 Navigational Aids Navigational aids to be included in 141742 571–2W ongoing PPP/PFI Acquisition programme: details of expenditure withheld. (Exemption 7 of Code of Practice) 3 18.12.03 LSD (A) Contract Contractual discussions between 143311, 1070W Department and Swan Hunter are to143314 commercially sensitive (Exemption 7(a) of Code of Practice); and BAe Systems claims against Department for compensation consequent on delays to programme are commercially sensitive. (Exemption 7(a) of Code of Practice) 4 5.01.04 HMS Echo/HMS Costs of maintenance under novel 143367 29W Enterprise: contractor logistic support arrangements Maintenance are commercially sensitive. costs (Exemption 7 of Code of Practice) 4.02.04 HMS Echo/HMS Breakdown of total cost of contract for 149617 891W Enterprise: design, construction and support of ships is contract cost commercially sensitive. (Exemption 7 of Code of Practice) 5 5.01.04 Sub-contractors Not policy to disclose details of an 143448 34W individual supplier’s performance to other suppliers on grounds of commercial confidence. 6 12.01.04 Armoured Cost of bringing Armoured Vehicle Fleet to 144505 536W Vehicles standard to meet operational targets withheld. (Exemption 1 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 141
No. Date Subject Comment qno. Col. 7 21.01.04 Cancelled Information on refunds of contractors’ bid 147957 1249W procurement costs for cancelled projects could only be projects provided at disproportionate cost. (Exemption 9 of Code of Practice) 8 9.02.04 Secure Precise details of secure communications 153054 1172W Communications systems used by UK forces in Afghanistan and Systems and numbers of sets withheld. 153050 (Exemption 1 of Code of Practice) 9 9.02.04 Cluster Munitions Details of cost of contract with BAe systems 146471 1174W are commercial in confidence. (Exemption 7 of Code of Practice) 10 9.02.04 Disposal Information relating to legal proceedings 151592, 1177W on arbitration with disposal contractors 151593 withheld. and (Exemption 4(c) of Code of Practice) 152145 23.02.04 Disposal Not practice to reveal values of disposal 154456 15W sales to protect third party commercial confidentiality. (Exemption 13 of Code of Practice) 11 23.02.04 Radar equipment Information on (a) quantity and (b) type of 153037 4W radar equipment deployed for British troops in Afghanistan withheld. (Exemption 1 of Code of Practice) 12 23.02.04 Equipment Department’s Equipment Programme 153032 10W programme constitutes internal advice to Ministers. Also contains information of commercial sensitivity. (Exemptions 2 and 13 of Code of Practice) 21.05.04 Equipment Reiterated. 172741 1254W programme (Exemptions 2 and 13 of Code of Practice) 13 9.03.04 A400M Programme unit price withheld. 156132 1400W (Exemption 13 of Code of Practice) 14 16.03.04 Unmanned aerial Details of use of UAVs withheld for reasons 158513 204W vehicles of operational security. (Exemption 1 of Code of Practice) 15 31.03.04 Bowman Radio Value of contract for training army 162840 1478W System personnel in use of Bowman radios withheld on grounds of commercial confidentiality. (Exemption 13 of Code of Practice) 16 19.04.04 Nuclear Crown indemnity from 2005 for facilities 166038 339W submarine: under terms of Procurement contracts contingent which include details of sensitive nuclear liability materials and industrial processes; withheld on grounds of defence and security. (Exemption 1 of Code of Practice) 17 4.05.04 Cluster bombs: Details of precise numbers of bombs held 169956 1447W stockpiles in stock could provide adversary with information that undermined defence capabilities. (Exemption 1 of Code of Practice) 18 5.05.04 Eurofighter Not appropriate to comment on the orders 170108 1518W for Tranche II aircraft by Eurofighter partner nations. 25.05.04 Eurofighter Cost of enhancements to Eurofighter 175343 1620W Typhoon being discussed as part of Tranche II negotiations. Negotiations would be prejudiced by disclosure of cost estimates.
Ev 142 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 12.07.04 Eurofighter Discussions with other countries concerning 181954 990W Typhoon are sensitive. (Exemption 1(b) of Code of Practice) 21.10.04 Eurofighter Estimate of cost to the UK of third tranche 191315 889W withheld. (Exemption 7 of Code of Practice) 19 5.05.04 US laboratories Contrary to interests of national security to 166583 1529W give details of contacts with named US laboratories on stockpile stewardship programmes. (Exemption 1 of Code of Practice) 20 11.05.04 Landing Ship Forecast costs for the programme not 170359 219W Dock (Auxiliary) published due to commercial sensitivity. and Support (Exemption 7 of Code of Practice) Vehicle 21 17.05.04 Observation Information on observation equipment 153038 665W equipment available to British forces in Afghanistan (Afghanistan) withheld. (Exemption 1 of Code of Practice) 22 7.06.04 Departmental TSO’s production costs and the number of 171139 208W Annual Report copies of the Department’s Annual Report it printed are commercially confidential. 23 7.06.04 India: Hawk Memorandum of Understanding with 176447 208W Aircraft Indian government on Hawk Aircraft was concluded in confidence. (Exemption 1 of Code of Practice) 24 15.07.04 Sonar 2087 Precise frequency and bandwidth used by 183702 1243W Royal Navy frigates for Sonar 2087 broadcasts are classified. (Exemption 1 of Code of Practice) 25 1.09.04 Defence Previous contract record of bidders for the 183769 707W Information DII contract withheld on grounds of Infrastructure commercially sensitivity. (Exemption 13 of Code of Practice) 1.09.04 Defence Risk registers managed by the DII 183082 708W Information integrated project team and the project Infrastructure bidders are commercially sensitive; the Main Gate Business Case which will include an assessment of DII risks and mitigation plans will also contain commercially sensitive material and can not be made publicly available. 26 16.09.04 C17 Lease costs and aircraft price of the C17 188466 1766W withheld as commercially sensitive. (Exemption 13 of Code of Practice) 27 21.10.04 Sale of Cost of maintaining submarines prior to 192432 888W submarines to refurbishment and cost of refurbishment Canada are commercially sensitive. (Exemption 13 of Code of Practice) 28 26.10.04 Cut and sew Prime contractor does not wish to disclose 190857 1208W contract details of his sub-contractors. Details of who will print camouflage fabric and make up garments are commercial in confidence. (Exemption 7 of Code of Practice) 1.11.04 Cut and sew Selection of where manufacturing takes 193791 101W contract place under the contract is a matter for the prime contractor and is withheld. (Exemption 7 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 143
No. Date Subject Comment qno. Col. 29 15.11.04 Annual Operating Average annual operating costs broken 196481 to 1042– Costs down by regiment and battalion type not 196485 1043W held centrally. Disproportionate cost. and (Exemption 9 of Code of Practice) 196405 to 196409 (3) Capability/deployment/readiness 1 30.01.04 Trident: Government does not define precise 151597 577W deployment circumstances in which it is prepared to use nuclear weapons. 2.02.04 Trident: Number of warheads deployed on trident 151596 753W submarines submarines withheld. Warhead yield also withheld. (Exemption 1 of Code of Practice) 8.07.04 Trident: Countries in which components of Trident 179688 829– manufacture nuclear warheads are manufactured and 30W withheld. 179689 (Exemption 1 of Code of Practice) 2 24.02.04 Missile Defence No unclassified summary of Ballistic Missile 155656 346W Technology Defence Programme is available. 8.11.04 Missile Defence Name and qualifications of the UK 195412 550W Technology representative on the Senior Management Committee of the US/UK Ballistic Missile Defence programme withheld. (Exemption 12 of Code of Practice) 3 15.03.04 Gibraltar Royal Navy will support Gibraltar 160484 47W tercentenary celebrations but details of future ship programmes withheld. (Exemption 1 of Code of Practice) 4 28.04.04 US Nuclear NATO and UK policy not to comment on 169131 996W weapons detail of nuclear deployments. 12.07.04 US chemical, Discussions regarding deployment of US 182856 989W biological and weapons on UK territory or in UK airspace and nuclear weapons withheld. 182857 (Exemption 1 of Code of Practice) 5 24.05.04 Helicopter Details of units with which Battlefield 174543 1347W deployment helicopters are deployed withheld. (Exemption 1 of Code of Practice) 6 26.10.04 Nuclear Materials Risk assessments of convoys transporting 190699 1211W nuclear weapons and materials are not published as the information could be of use to terrorists and others who wish to attack such a convoy. (4) MoD/HM Forces personnel issues (other than deployment of forces: see above) 1 6.02.04 Service Board of Not practice to place reports from Service 153398 1106W Inquiry: Sea King Board of Inquiry in the Library. helicopters 1.03.04 Service Board of Reiterated. 157073 672W Inquiry: Sea King helicopters 2 6.01.04 Disabled Civil Fewer than five senior civil service staff 144981 234W Servants have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice)
Ev 144 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 3 15.01.04 Leak inquiries Practice not to comment on the outcomes 147007 821W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 4 5.03.04 Officers’ leave Due to small numbers involved, 156073 1154W information on numbers of majors and brigadiers between postings or on compassionate or other leave can not be released as it could identify individuals. 5 23.03.04 Discharge of In accordance with the Data Protection Act 162402 668W personnel 1998, unable to release personal data relating to an individual unless the Member has obtained his explicit consent. 6 29.03.04 Employment of Not Department’s policy to discuss job 156898 1141W former officials applications made by former officials. 7 5.05.04 Special forces: Department’s practice not to release 167852 1529W early retirement information regarding UK Special Forces. 8 11.05.04 Army Air Corps Numbers of AAC medical personnel based 169987 214W (Medical Care) at AAC Hereford withheld. (Exemption 1 of Code of Practice) 9 14.06.04 Lance Corporal Personal data relating to Lance Corporal 175970 to 644W William Graham Graham withheld. 175972 (Exemption 12 of Code of Practice) 10 19.07.04 Lance Corporal Details relating to retention of Lance 182733 29W William Graham Corporal Graham withheld on grounds of privacy of the individual. (Exemption 12 of Code of Practice) 11 16.09.04 Trooper David Not policy to publish Special Investigation 188585 1771W Clarke Branch or Board of Inquiry Reports. (5) MoD/agency estate 1 4.02.04 RAF Leeming: Minister can neither confirm nor deny 147075 to 890W security breach whether there were nuclear weapons 147079 being held at the base at the time concerned. Can not disclose details of security reviews or recommendations following the breach of security. (Exemption 1(a) of Code of Practice) 2 26.10.04 Export Services Costs of offices of Defence Export Services 192685 1208W Organisation staff employed in Kuwait and Saudi Arabia in support of specific export projects withheld. (Exemption 1(b) of Code of Practice) (6) Miscellaneous 1 8.12.03 Counter- Details of counter-insurgency assistance 142278 272W insurgency provided to foreign governments withheld. 142279 (Exemption 1 of Code of Practice) 2 17.03.04 Nuclear Risk appraisal of submarine reactor fuel 161971 361W submarine reactor core factory and Neptune test reactor fuel relates to sensitive nuclear materials and industrial processes. (Exemption 1 of Code of Practice) 3 28.04.04 Nuclear Specific information on cooperation with 167976 995W cooperation with French government on nuclear weapon France design and technology withheld. (Exemption 1 of Code of Practice) 4 5.05.04 US Global Posture Inappropriate to speculate on US Global 169135 1530W Posture Realignment.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 145
No. Date Subject Comment qno. Col. 5 10.05.04 Green Ministers Established practice not to disclose 171803 127W information relating to proceedings of and Cabinet Committees (Ministerial sub- 171802 Committee of Green Ministers). (Exemption 2 of Code of Practice) 1.09.04 Green Ministers Reiterated. 185132 710W (Exemption 2 of Code of Practice) 20.10.04 Green Ministers Reiterated. 190853 712W (Exemption 2 of Code of Practice) 6 10.06.04 Armando nuclear Exchanges with US administration 177067 588W test regarding scope and outcome of US sub- critical experiments carried out at the Nevada test site withheld. (Exemption 1 of Code of Practice) 7 14.06.04 Defence Budget projections for Defence Intelligence 173961 639W Intelligence Service form part of internal advice on overall affordability of defence. (Exemption 2 of Code of Practice) 8 28.06.04 Transfer of Precise details of transfers of nuclear 179691 148W nuclear material materials between US and UK withheld. (Exemption 1 of Code of Practice) 9 30.06.04 GEC Not practice to provide details of all 174209 to 352W meetings of Ministers and officials. 174215 (Exemptions 2 and 7 of Code of Practice) and Information relating to internal discussion 174217 to and advice also exempt from disclosure. 174227 (Exemption 2 of Code of Practice) 10 5.07.04 British-French Annex to UK-French navy and army letters 180560 571W cooperation of intent concerning cooperation contain operational and technical information relating to Navy which is withheld. (Exemptions 1(b) and 1(c) of Code of Practice) 11 8.07.04 Defence Export Details of individuals representing 182562 825W and Market companies on the forum withheld. Access Forum (Exemptions 8 and 12 of Code of Practice) 12 13.07.04 Water Amounts spent by the Department and 181374 1037W consumption agencies on water and sewerage services withheld as disclosure could prejudice the competitive position of the Department. (Exemption 7(a) of Code of Practice) 13 1.09.04 Rules of Not practice to comment on rules of 185936 719W Engagement of engagement of allies. US personnel at (Exemption 1 of Code of Practice) RAF bases 14 19.10.04 Deaths in Cost of surveys of public perceptions of 176326 592W barracks: deaths in army barracks withheld. questionnaires (Exemption 13 of Code of Practice) 15 18.11.04 Freedom of Separate identification of anticipated costs 198764 1821W Information to be incurred in implementation of FOI would involve disproportionate cost. (Exemption 9 of Code of Practice) DEPUTY PRIME MINISTER No. Date Subject Comment qno. Col. 1 7.01.04 Fire Service Details of payment to a senior officer on 145791 402W College leaving Fire Service College are confidential under Employment Law. 2 12.01.04 Emergency Detailed contingency plans not made 147284 to 567W planning public. 147288
Ev 146 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 15.11.04 Emergency Reiterated. 195846 1207– planning and 1208W 195855 3 15.01.04 Crown Estates: Policy of Crown Estates to release financial 147546 860W dredging licences details of licences or leases only with the consent of the companies involved due to commercial confidentiality. 4 26.01.04 Rent Service Correspondence between Chief Executive 150138 160W of the Rent Service and the Rent Service’s London Area Manager is largely confidential. Disproportionate cost to identify non-confidential correspondence. (Exemption not specified, but Code of Practice invoked) 5 30.01.04 Regional Representations from chambers of 151005 612W Assemblies commerce, CBI and IoD will not be placed in Library. 6 4.02.04 Honours: Dame Government does not comment on 152193 922W Shirley Porter individual honours cases. 7 3.03.04 Millennium Dome Unable to provide estimates of 157829 1007W maintenance and management costs of the Dome as negotiations between English Partnerships, Meridian Delta Ltd and Anschutz Entertainment Group are commercially confidential. 8 8.03.04 Disabled civil As fewer than five members of the senior 144985 325W servants civil service in the Department have a and disability, the actual number is not 145996 published in order to protect the privacy of individuals. (Exemption 12 of Code of Practice) 9 10.03.04 Council Tax: Minister has written to a number of local 159174 1519W capping authorities about capping of council tax; would be invidious to single out authorities by publishing letters sent to them. 10 26.04.04 Green Ministers Established practice not to disclose 165650 785–6W information relating to proceedings of and Cabinet Committees (Ministerial sub- 165651 Committee of Green Ministers). (Exemption 2 of Code of Practice) 1.09.04 Green Ministers Reiterated. 185133 746W 20.10.04 Green Ministers Reiterated. 190870 778–9W (Exemption 2 of Code of Practice) 11 5.05.04 Planning: camp Inappropriate to comment on specific cases 170754 1601W sites due to the appellate role of the Deputy Prime Minister. 26.02.04 Planning: For reasons of procedural propriety, unable 156368 534W Brighton and to discuss details of the inspector’s report and Hove Albion into applications made by the football 156369 club. 10.05.04 Planning: For reasons of procedural propriety, not 171513 102W Brighton and possible to discuss the nature of the post- Hove Albion inquiry representations received. 26.05.04 Planning: rail Inappropriate to comment on proposal for 175347 1653W freight sites siting of rail freight interchange as it may come before the Deputy Prime Minister for determination.
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No. Date Subject Comment qno. Col. 26.05.03 Planning: T- Inappropriate for Ministers to comment on 174943 1653W mobile individual planning cases due to appellate installation at role of the Deputy Prime Minister. Bardsey 12 10.05.04 Ordnance Survey Reasons for rejecting third party data are 153757 105W confidential between OS and the third and party; statistics of mapping sales of 153759 partners’ products are confidential between OS and its partners. 13 29.06.04 Planning Delivery Not appropriate to name the local 180983 232W Grant authorities being investigated for failure to comply with procedures for the award of planning delivery grant. 14 20.07.04 Local Authority The 2003 Monitoring Report on the costs 183682 210W Building Control of local authority building control functions not disclosed as commitments were given to the LGA and individual authorities that the exercise would be undertaken in confidence. EDUCATION AND SKILLS No. Date Subject Comment qno. Col. 1 15.01.04 Disabled Civil As fewer than 5 senior civil servants in the 145999 900W Servants Department have a declared disability, actual number can not be published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 30.01.04 Disabled Civil Where fewer than 5 senior civil servants in 148992 578W Servants the Department have a declared disability, actual number can not be published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 2 20.01.04 Leak inquiries Practice not to comment on the outcomes 146940 1128W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 3 30.01.04 Personnel Not practice to comment on positions of 151093 580W individual civil servants. 24.02.04 Personnel Not practice to comment on positions of 153588 385W individual civil servants that could constitute or facilitate an invasion of privacy. (Exemption 12 of Code of Practice) 4 4.02.04 Higher Education Confidential communications between 152531 893W funding Departments are not made public. (Exemption 2 of Code of Practice) 5 2.03.04 Drugs Education Confidential communications between 156026 876W Departments are not made public. and (Exemption 2 of Code of Practice) 156028 6 3.03.04 Pupil numbers Department’s policy not to publish school 157053 990W level information unless schools concerned have had the opportunity to check and confirm the information available. 22.03.04 Pupil numbers: Reiterated. 161811 617W free school meals 11.10.04 Pupil numbers: Reiterated. 189050 29W special schools 9.11.04 Pupil numbers: Reiterated. 192770 594W free school meals
Ev 148 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 7 15.03.04 Connexions Sums of money spent on voluntary and 161031 77W community services by each Connexions partnership are commercially confidential. 8 12.05.04 Green Ministers Established practice not to disclose 166784 414W information relating to proceedings of Cabinet Committees (Ministerial sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 1.09.04 Green Ministers Reiterated. 185123 782W 26.10.04 Green Ministers Reiterated. 190849 1158W (Exemption 2 of Code of Practice) ENVIRONMENT, FOOD AND RURAL AFFAIRS No. Date Subject Comment qno. Col. 1 5.01.04 Personnel Fewer than five senior civil service staff 144977 94W have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 8.01.04 Personnel Reiterated. 145993 435–6W (Exemption 12 of Code of Practice) 2 15.10.04 Foot and mouth: According to Council Directive on 191745 411W vaccine Community measures for control of foot and mouth, information on quantities and subtypes of antigens or vaccines stored is treated as classified. 3 25.02.04 Common Unable to supply information on individual 151352 414W Agricultural Policy payments under terms of the Data Protection Act 1998. 12.03.04 Common Rural Payments Agency bound by 160169 1763W Agricultural Policy commercial confidentiality in dealings with its customers. Payments to individual farmers are also covered by the Data Protection Act 1998. 23.03.04 Common Reiterated. 156141 694W Agricultural Policy 7.07.04 Common Reiterated 180125 687W Agricultural Policy 4 3.03.04 Cabinet Established practice not to disclose 155396-9 942W Committees information relating to proceedings of Cabinet Committes (Ministerial Committee on Illegal Imports). 19.04.04 Cabinet Established practice not to disclose 165654 to 139– Committees information on proceedings of Cabinet 165656 140W Committees (Ministerial Sub-Committee of Green Ministers). (Exemption 2 of Code of Practice) 16.09.04 Cabinet Established practice not to disclose 188069 1678W Committees information relating to proceedings of Cabinet Committees. (Exemption 2 of Code of Practice) 5 25.05.04 Ammonium Only two companies in the UK 172747 1494W nitrate fertiliser manufacture ammonium nitrate fertiliser. Total production figures for the UK would enable each company to identify the manufacturing output of the other and would breach commercial confidentiality.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 149
No. Date Subject Comment qno. Col. 6 21.06.04 Hazardous Waste Identities of two out of the 22 applicants 176384 1188W for permits to become in-house landfills for hazardous waste can not be revealed for reasons of national security. 7 7.07.04 Orchards Small number of holdings in Lancashire 180427 688W have commercial orchards and figures for quantity of fruit produced would lead to disclosure of information about specific holdings. 8 21.07.04 Human Pesticide Inappropriate to release individual details 184435 251W Poisoning of incidents of poisoning. 9 16.09.04 Agricultural Agricultural Statistics Act 1979 prevents 188726 1667W Census disclosure of addresses of farm holdings. 10 11.10.04 Agricultural Not appropriate to comment on the 189919 83W Wages outcome of pay negotiations between the NFU and TGWU conducted within the Agricultural Wages Board. 11 1.11.04 Warm front Detailed information on production and 192301 to 6W distribution of leaflets relating to the 192303 Warm Front Programme are commercially sensitive. 12 15.11.04 Bovine TB: Not practice to publish details of herds 194284 983W gamma interferon affected with TB. test FOREIGN AND COMMONWEALTH AFFAIRS No. Date Subject Comment qno. Col. 1 4.12.03 Iraq: foreign Estimate of the number of foreign 140907 172W fighters terrorists in Iraq withheld. (Exemptions 1 and 2 of Code of Practice) 5.01.04 Iraq: foreign Reiterated. 144327 84W fighters 5.01.04 Iraq: security risks Government will not make public measures 145279 85W to UK civilians it is taking to manage security risks for UK civilians in Iraq. 19.01.04 Iraq: Government unable to release names of 146960 962W reconstruction companies which have won contracts to contracts assist in reconstruction of Iraq on grounds of commercial confidentiality. 30.01.04 Iraq: intelligence Details of intelligence that Iraq had tried to 151301 581W obtain supply of uranium from Africa withheld. (Exemption 1(c) of Code of Practice) 15.06.04 Iraq: intelligence Reiterated. 178086 798W 3.02.04 Iraq: intelligence Not policy to comment on operations of 151852 841W security services. (Exemption 1 of Code of Practice) 12.02.04 Iraq: intelligence Not practice to comment on intelligence 154279 1655W matters. 26.02.04 Iraq: intelligence Established practice not to respond to 156196 482W speculation about alleged operational and and activities by security and intelligence 156479 483W services. 1.03.04 Iraq: intelligence Established practice not to comment on 157402 667W details of intelligence relationship between and US and UK. 157403 1.03.04 Iraq: intelligence Established practice not to respond to 157404 667W speculation about alleged operational activities by intelligence and security services.
Ev 150 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 4.03.04 Iraq: intelligence Long-standing practice not to comment on 158112 1081W deployment of security and intelligence service officials. Security and intelligence services not within scope of Code of Practice. 28.04.04 Iraq: intelligence Reiterated. 168283 1145W 6.05.04 Iraq: intelligence Reiterated. 170513 1733W 8.07.04 Iraq: intelligence Reiterated. 182604 846W and 182618 16.06.04 Iraq: intelligence Details of intelligence exchanges with the 178727 991W CIA over claims that Iraq had sought uranium from Niger withheld. (Exemptions 1(b) and 1(c) of Code of Practice) 10.02.04 Iraq: declaration Declaration by former Iraqi government is 152311 1304W to UNMOVIC confidential to UN Security Council; Minister can not comment on inaccuracies in the declaration. 4.10.04 Iraq: declaration Declaration by former Iraqi government is 189288 1837W to UNMOVIC confidential document of the UN. 2.03.04 Iraq: Saddam Coalition policy not to disclose precise 157432 808–9W Hussein location of detainees for security reasons. 20.04.04 Iraq: Legal advice Not practice to comment on individual 165684 448W cases (opinion of the Department’s deputy legal adviser on the legality of war in Iraq) or on any legal advice provided by officials. (Exemptions 2 and 4(d) of Code of Practice) 5.05.04 Iraq: oil sales Information on countries to which Iraqi oil 169156 1607W has been sold and the volumes concerned is not published by the Iraqi State Oil Marketing Organisation (SOMO) and is not in the public domain. 23.06.04 Iraq: Ramadi air Nature of discussions with US 179410 1450W strike Administration on investigations into the Ramadi air strike are confidential. (Exemption 1(c) of Code of Practice) 16.07.04 Iraq: Abu Ghraib Not practice to disclose details of all 183958 1378W discussions with US Administration. (Exemption 1(b) of Code of Practice) 22.07.04 Iraq: Butler Not appropriate to comment on who gave 185190 543W Review what evidence to the Review. 12.10.04 Iraq: Butler Information relating to communications 190073 212W Review between Foreign Secretary and Prime Minister withheld. (Exemption 2 of Code of Practice) 13.09.04 Iraq: Leader of Details of briefings given to the Leader of 187715 1455W Opposition the Opposition on Privy Council terms are confidential. 18.10.04 Iraq: ISG Report Details of assistance provided by UK 190760 469W intelligence on sites involved in production of WMD withheld beyond what is published in ISG Report. (Exemption 1(a) of Code of Practice) 17.11.04 Iraq: Dr Amer Al- Information on individuals held by US can 194874 1547W Saddi not be disclosed. 2 4.12.03 Personnel Inappropriate to comment on when UK 140936 173W Ambassador to Uzbekistan would return to the country.
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No. Date Subject Comment qno. Col. 11.12.03 Personnel Not practice to announce appointment of 142970 587W new director of visa operations in India. 13.05.04 Personnel Data Protection Act prevents disclosure of 172117 517W ethnicity or race of members of the FCO Board. 21.10.04 Personnel Inappropriate to comment on detail of 192971 896W individual disciplinary case. (Exemptions 8(a) and 12 of Code of Practice) 3 10.12.03 Bribery and Inappropriate to comment on individual 141108 513W corruption reports from posts abroad relating to cases of bribery/corruption involving UK citizens as this would prejudice ongoing criminal investigations. 3.02.04 Bribery and Reiterated. 151390 844W corruption 4 11.12.03 Intelligence Detailed intelligence information not 143035 585W released. 19.01.04 Intelligence Intelligence received from Saudi 148433 970W Government on aviation security can not be disclosed. (Exemption 1(c) of Code of Practice) 26.01.04 Intelligence Minister can not comment on specific 150528 54W security threats to aviation. 2.03.04 Intelligence Established practice not to comment on 157864 819W operations of the intelligence services. 9.03.04 Intelligence: Established practice not to comment on 159017 1432W Afghanistan operations of security services. Security and intelligence services outside the scope of the Code of Practice. 26.05.04 Intelligence: Established practice not to comment on 174519 1695W Osama bin Laden intelligence matters. Question related to whereabouts of Osama bin Laden. 11.10.04 Intelligence: al- Intelligence assessments not published. 186774 34W Qaeda and Osama Security and intelligence services outside bin Laden scope of Code of Practice. 21.07.04 Intelligence: Established practice not to comment on 183775 345W coordination with intelligence matters. Security and US intelligence services outside scope of Code of Practice. 4.10.04 Intelligence: Details of intelligence exchanges are 189291 1835W Russia confidential. (Exemptions 1(a) and 1(c) of Code of Practice) 2.11.04 Intelligence: Established practice not to comment on 194796 228W Russia detail of bilateral exchanges on security and and intelligence matters or on allegations 194797 of espionage activity. (Exemptions 1(a) and 1(b) of Code of Practice) 26.10.04 Intelligence: Not policy to confirm or deny details of 193025 1180W Uzbekistan specific intelligence reporting. 5 11.12.03 Entry Clearance Not practice to disclose details of individual 142171 587W entry clearance cases. (Exemption 5 of Code of Practice) 27.01.04 Entry Clearance Reiterated. 150707 288W (Exemption 5 of Code of Practice) 1.03.04 Entry Clearance Reiterated. 151579 661W (Exemption 5 of Code of Practice)
Ev 152 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 28.06.04 Entry Clearance Reiterated. 180316 135W (Exemption 5 of Code of Practice) 14.07.04 Entry Clearance Reiterated. 183774 1186W (Exemption 5 of Code of Practice) 6 17.12.03 Biological Not policy to list those countries that are 143493 973W Weapons judged to be in contravention of Convention obligations under the Biological and Toxin Weapons Convention 7 12.01.04 Leak Inquiries Practice not to comment on the outcomes 146943 530W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 8 13.01.04 Seizure of ship Information relating to discussions with 146839, 645W BBC China Libyan and German counterparts; role 146840, and played by UK officials in seizure of ship; 147379, 646W country of origin of uranium shipment; and and what happened to cargo withheld. 147380 (Exemption 1 of Code of Practice) 9 19.01.04 Department’s Information relating to cost of additional 147682 967W Properties security measures put in place at the Embassy in Berlin withheld. (Exemptions 1(a) and 4(e) of Code of Practice) 26.01.04 Department’s Figures for (a) sale and (b) purchase of 149856 58W and Properties residential properties by the Department and 59W withheld on the grounds of commercial 149857 confidentiality. (Exemption 13 of Code of Practice) 31.03.04 Department’s General information about possible future 164207 1446W Properties sales of assets would compromise ability to obtain a good price. (Exemption 13 of Code of Practice) 10 26.01.04 Libya: nuclear Minister could not comment on 150529 61W activity assessments that had been made of continuing activity in Libya to develop a nuclear capability. (Exemption 1 of Code of Practice) 11 6.02.04 Trade Mission to Nottinghamshire Chamber of Commerce 152854 1101W Pakistan and Industry asked Department not to release names of companies represented on a trade mission funded by Trade and Investment UK to Pakistan on grounds of commercial sensitivity. 12 23.02.04 Mozambique Government prohibited from placing in the 155311 88W Government Library a list of UK claimants for property appropriated by Mozambique Government since 1975 without permission of those concerned. (Exemption 15 of Code of Practice) 13 3.03.04 Guantanamo Bay Unable to disclose information provided in 157157 979W detainees confidence by US authorities that was obtained from British nationals detained in Guantanamo Bay. (Exemption 1 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 153
No. Date Subject Comment qno. Col. 3.03.04 Guantanamo Bay Data Protection Act 1998 prevents 157188 979W detainees disclosure of locations where British detainees were held before being taken to Guantanamo Bay. (Exemption 15 of Code of Practice) 15.06.04 Guantanamo Bay Information on occasions on which 179054 798W detainees individual’s concerns were raised with US authorities, and the concerns raised, withheld. Data Protection Act prevents disclosure of data on individual cases. (Exemptions 12 and 15 of Code of Practice) 14 12.03.04 Discussions with Details of discussions with the Israeli 159940 1792W foreign Foreign Minister withheld. governments (Exemption 1(c) of Code of Practice) 12.03.04 Discussions with Details of discussions with Pakistan 159941 1793W foreign Government withheld. governments (Exemption 1(c) of Code of Practice) 25.05.04 Discussions with Not practice to make public details of 175040 1570W foreign discussions with foreign governments. governments (Exemption 1(b) of Code of Practice) 26.05.04 Discussions with Reiterated. 173074 1630W foreign (Exemption 1(b) of Code of Practice) governments 26.05.04 Discussions with Reiterated. 173222 1635W foreign (Exemption 1(b) of Code of Practice) governments 21.07.04 Discussions with Reiterated. 184389 339W foreign (Exemption 1(c) of Code of Practice) governments 9.09.04 Relations with US Natural Resources Management Plan for 187612 1368W foreign Diego Garcia is not a public document. governments 18.10.04 Discussions with Not policy to divulge details of discussions 190495 472W foreign with foreign ambassadors. governments (Exemption 1(b) of Code of Practice) 15 12.05.04 Green Ministers Established practice not to disclose 171807 376W information relating to proceedings of Cabinet Committees (Ministerial sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 20.10.04 Green Ministers Reiterated. 190872 755W (Exemption 2 of Code of Practice) 16 20.05.04 Zimbabwe: case Rules on consular confidentiality prevent 173548 to 1168W of Simon Mann discussion of details of the case. 173550 17 26.05.04 China: human List of cases provided by EU to Chinese 165265 1632W rights Government during EU/China human rights dialogue in February 2004 is confidential. 18 26.05.04 Mr Victor Bout Unable to comment on specific 175566 1640W nominations under discussion in UN Security Council for the asset freeze imposed by UNSCR1532, as to do so would risk capital flight. 19 8.06.04 IAEA: Iran Iran’s report to the IAEA is confidential to 177073 304W the IAEA Board of Governors. 20 22.07.04 Kenya Information regarding the evidence 185477 545W provided by the High Commissioner to Kenya can not be divulged without prejudicing ongoing anti-corruption investigations.
Ev 154 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 21 7.09.04 Royal visits Advance announcements of royal visits not 186884 1065W made for security reasons. and and 186903 1066W 11.10.04 Royal visits Royal visits overseas not generally 186893 33W announced until a few months before a visit takes place for security reasons. 22 14.09.04 Regulation of Figures for warrants for interceptions 188052 1550W Investigatory issued by the Foreign Secretary (and of Powers Act Secretary of State for Northern Ireland) are not published. 23 11.11.04 Contracts Details of contracts awarded by 196920 860W Department involving security matters withheld. (Exemption 1(a) of Code of Practice) 24 17.11.04 Equatorial Guinea Details of confidential diplomatic 198228 1548W coup exchanges relating to the coup plot in Equatorial Guinea not provided. (Exemption 1(c) of Code of Practice) HEALTH No. Date Subject Comment qno. Col. 1 17.12.03 GM Food Government can not publish information 144699 994W on applications for authorisations for novel foods (Bt11 sweet maize); matter for European Commission to publish summary of application and the assessment of it. 2 5.01.04 Patients Forums Contracts under which not-for-profit 144809 203W voluntary sector organisations provide support services for patients’ forums commercially confidential. 3 12.01.04 NHS Property Value of properties to be sold as part of 145007 616W Inventures/NHS Estates property sale is commercially confidential. 26.02.04 NHS Property Estimated value of Saxon Square Health 155493 556W Centre, Christchurch is commercially confidential. 4 14.01.04 Leak inquiries Practice not to comment on the outcomes 146942 804W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 5 28.01.04 Hospital Minister can not disclose information 144879 400W admission about the delay in admission of an individual patient without breeching patient confidentiality. 6 12.03.04 Variant CJD Information on payments to family of CJD 157406 1828W sufferer to cover costs incurred undergoing experimental treatment in US withheld on grounds of patient confidentiality. 7 28.04.04 Mifegyne Any information that may enable any 167257 1091W affected patient to be identified can not be released. (reference to Code of Practice) 8 29.04.04 Green Ministers Established practice not to disclose 165443 1223W information relating to proceedings of Cabinet Committees. (Exemption 2 of Code of Practice) 15.11.04 Green Ministers Reiterated. 190855 1162W (Exemption 2 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 155
No. Date Subject Comment qno. Col. 9 11.05.04 Barnet and Chase Unaudited information on in-year financial 169782 305W Farm NHS Trust forecasts is not disclosed. (Exemption 2 of Code of Practice) 10 7.06.04 Treatment for For security reasons, stocks of Prussian Blue 174366 171W exposure to for treatment for exposure to radioactive radioactive and other materials are not disclosed. materials: Prussian Blue 16.07.04 Treatment for Details of the Department’s stocks of 183974 1350W exposure to strategic materials for treating those radioactive exposed to radioactive materials in the materials event of a terrorist attack not disclosed for security reasons. 11 8.06.04 Negligence Detailed information about claims 177471 362W claims: Dr Andrew submitted for compensation in relation to Holton treatment by Dr Holton is confidential. 8.06.04 Negligence Not appropriate for Ministers to comment 177473 362W claims: Dr Andrew on conduct of GMC investigations or the Holton evidence provided by individual practitioners. 12 10.06.04 Human Identities of peer reviewers of individual 175899 542W Fertilisation and research applications is confidential to Embryology HFEA, so as to allow free exchange of Authority views. 13 1.09.04 Insulin Department’s contracts with companies 184405 906W that supply insulin are commercially confidential. (Exemption 13 of Code of Practice) 14 14.09.04 Gateway review: Recommendations of Gateway reviews are 187890 1503W NHS IT confidential. 15 15.09.04 NHS and Primary Figures collected by SHAs on the financial 188047 1649W Care Trusts positions of NHS and Primary Care Trusts (Funding) covered by Code of Practice. 16 4.10.04 Patient and Public Commission for Patient and Public 188240 1994W Health Forums Involvement in Health can not reveal levels of individual contracts with forums for reasons of commercial confidentiality. (Exemption 13 of Code of Practice) 17 3.11.04 Medicines and Department can not make public copies of 193088 323W Healthcare Agency’s reports on adverse incidents Products involving the St Jude Silzone heart valve Regulatory due to statutory obligations under the Agency terms of the European Medical Devices Directives and because the reports contain individual patient information. 18 17.11.04 Skipton Fund Correspondence with Scottish Executive on 193655 1693W the establishment of the Skipton Fund withheld. (Exemption 2 of Code of Practice) 19 18.11.04 Wanless Report Disclosure of correspondence with the 187176 1994W team responsible for the Wanless Report would harm frankness and candour of internal discussion between Department and Review teams. (Exemption 2 of Code of Practice)
Ev 156 Ministerial Accountability and Parliamentary Questions: Evidence
HOME No. Date Subject Comment qno. Col. 1 5.01.04 Young Offenders Minister can not place private 144362 19W (Correspondence) correspondence from Amnesty International in the Library without consent of the originator. 2 20.01.04 Leak inquiries Practice not to comment on the outcomes 147008 1218W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 3 21.01.04 Security at Minister can not comment on detailed 147541 1313W Biodefence security matters. research institutions 4 26.01.04 Prisons Department’s investment case for closing 147433 231W smaller prisons and building larger ones will not be published. 25.02.04 Prisons: sites for Details of individual sites being surveyed 153985 436W new prisons for new prison builds is commercially confidential. 11.03.04 Prisons: sites for Reiterated. 159279 1673W new prisons 15.11.04 Prisons: sites for Reiterated. 193474 1123W new prisons 26.02.04 Prisons Request to chief executive of the National 155065 503W Offender Management Service to report on operation of open prisons constitutes advice from officials. Would not be appropriate to publish the advice. 19.04.04 Prisons: Maxine Not Prison Service policy to comment on 155865 101W Carr individual prisoners. 15.11.04 Prisons: HMP Not Prison Service policy to comment on 192865 1136W Prescoed individual prisoners. 5 5.02.04 Personal Security Not policy to comment on details of 152192 1038W protection arrangements for individuals. 11.02.04 Personal Security Reiterated. 153073 1505W and 153074 7.06.04 Personal Security Reiterated. 176352 192W 27.10.04 Personal Security Established practice not to reveal details of 190428 1271W costs of protection arrangements, as to do so would give an idea of levels of protection and compromise an individual’s security. 6 6.02.04 National Security Not appropriate to announce changes in 152371 1119W the level of the alert state system beyond and to the sectors involved for reasons of security. 152374 1120W 6.02.04 National Security Not appropriate to comment on detailed 152373 1120W security measures. 19.04.04 National Security: Amounts of money allocated to individual 163557 107W North Yorkshire police forces for counter terrorist activities and activities covered not released. 30.04.04 National security: Allocation of counter terrorist funding for 168046 1359W individual police forces can not be released for security reasons. 28.06.04 National security Not appropriate to comment on specific levels 179313 17W of funding to Avon and Somerset Constabulary for policing Bristol Airport.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 157
No. Date Subject Comment qno. Col. 11.11.04 National security Not appropriate to comment on levels of 191317 874W funding allocated to individual police forces for policing of independent airports. 28.06.04 National security Not appropriate to publish advice provided 177171 27W by National Co-ordinator for Ports Policing on deployment of officers at ports. 27.10.04 National security Not appropriate to comment on specific 190860 1275W department’s spending on national security and resilience programmes. 1.11.04 National security Not appropriate to comment on allocations 192534 50W of counter-terrorism funding to individual police forces. 17.11.04 National security Reiterated. 195298 1598W 9.11.04 National security Not appropriate to comment on threat and 194326 606W risk assessments of different scenarios as such information could be useful to terrorists. 7 10.02.04 Cannabis Prices quoted by advertising agencies 153950 1422W bidding for campaign to reiterate illegality of cannabis commercial in confidence. 8 2.03.04 Security Services: For operational reasons it would be 156638 900W Arabic speakers inappropriate to comment on numbers of Arabic speakers in security services. 9 9.03.04 Bonny Island Requests for assistance from foreign 158312 1458W plant governments in criminal matters are treated as confidential. Unable to confirm or deny whether requests have been received. 10 15.03.04 Extradition Not policy to list names of those who are 160247 130W or have been subject to extradition proceedings. 6.05.04 Extradition Policy not to confirm or deny whether any 167172 1699W extradition requests for certain individuals have been made. 11 15.03.04 Photographic Information on where photographic 157698 148W images of images of travellers taken at Dover Docks travellers are stored can not be disclosed for reasons of operational security. 12 16.03.04 Identity Cards Cost assumptions and estimates used in 160452 186W preparation of business case for identity cards are commercially confidential. 17.05.04 Identity Cards: Gateway Reviews of the Identity Cards 169814 773W Gateway Reviews Programme will not be published. 13 18.03.04 Asylum: Information relating to accommodation 161204 486W accommodation costs is commercially confidential. costs 9.06.04 Asylum Minutes of the Asylum Intake Reduction 174387 421W sub-committee contain strategic information relating to border security and deployment of resources internal to government. Publication of minutes could harm frankness of internal discussion. (Exemption 2 of Code of Practice) 21.07.04 Asylum: National Details of properties and costs of 182000 336W Asylum Support accommodation contracted to NASS can Service not be disclosed as it is commercial in confidence.
Ev 158 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 14 30.03.04 Police: mopeds Cost of the order for mopeds procured by 163333 1346W Metropolitan Police is commercially confidential. 7.06.04 Police: response Improper to release North Yorkshire police 176044 180W times response time for Catterick Garrison for security reasons. 1.07.04 Police: Arrangements to prevent or detect 181453 392W intelligence unauthorised access to police national database intelligence database withheld for security reasons. 1.07.04 Police: police Reiterated. 181166 392W national computer 15 19.04.04 Bombing of Israeli Certain information relating to the forensic 160928 84W Embassy and evidence obtained following bombing was and Balfour House not disclosed at trial and can not be 160930 released as it is covered by Public Interest Immunity Certificates. 16 19.04.04 Bail Hostels No personal details about current or past 165189 89W (Peterborough) residents can be released. 17 22.04.04 Proscribed Not policy to comment on whether a 165905 589W organisations particular organisation is being considered for proscription or de-proscription. 16.09.04 Proscribed Reiterated. 187550 1682W organisations 17.11.04 Proscribed Reiterated. 197621 1586W organisations 17.11.04 Proscribed Reiterated. 197598 1608W organisations 18 29.04.04 Naturalisation Negotiations on Home Office spending 166126 1304W review settlement are confidential. 19 29.04.04 Immigration Not policy to publish details of individual’s 166042 1304W immigration status. 24.05.04 Immigration Information held by Immigration and 172795 1425W removal Nationality Directorate relating to individuals is confidential. 10.06.04 Immigration Information relating to immigration status 175572 526W of an individual is confidential. 22.07.04 Immigration Not practice to disclose details of individual 184544 579W entry clearance cases. (Exemption 5 of Code of Practice) 18.10.04 Immigration Can not comment on individual cases. 190241 481W 20 18.05.04 Green Ministers Established practice not to disclose 172309 866W information relating to proceedings of Cabinet Committees (Ministerial Sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 26.10.05 Green Ministers Reiterated. 190873 1126W (Exemption 2 of Code of Practice) 21 26.05.04 Gas cartridge Not appropriate to place advice on 175482 1658W weapons feasibility of converting gas cartridge weapons to use conventional ammunition in the Library as this would make details of methods used more widely available. 22 10.06.04 Operation Not in public interest to specify number of 174612 525W Cyclamen UK airports and border points at which Operation Cyclamen is being implemented.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 159
No. Date Subject Comment qno. Col. 23 24.06.04 Advisory Council Minutes and agendas of ACMD (and of its 179235 1502W on Misuse of Statistics, Information and Research and and Drugs Technical Committees) are not public 179238 documents. 24 22.07.04 Ministerial Not policy to release information relating 185072 573W meetings to internal meetings. (Exemption 2 of Code of Practice) 25 9.09.04 Witness Not appropriate to make available any 184959 1344– Protection information below national level relating and 5W Schemes to deployment of police officers on witness 184960 protection schemes. Such information would be operationally sensitive. 4.10.04 Witness Reiterated. 184962 1918W Protection Schemes 26 15.09.04 Departmental Addresses of Home Office properties not 187338 1586W Properties disclosed for security reasons. 27 4.10.04 Lobster Liberation Minister can not comment on individual 187483 1893W Front case involving alleged attack on Lander family in Swanage. 28 4.10.04 Imutran Changes to project licence to Imutran for 187050 1897W xenotransplantation research are commercially confidential. 29 11.10.04 Volunteering Home Office research into TimeBank and 186687 183W Do-it was commissioned for internal Home Office use and will not be published in full as it contains commercially sensitive material. 30 13.10.04 Forensic Science Outline business case for the future work 188474 277W Service of the Service will not be published on the grounds of commercial confidentiality. 31 25.10.04 Emergency Operational details of Operation Sassoon 192186 1008W planning not disclosed. 32 3.11.04 Indymedia Not able to discuss seizure of web servers 193709 299W in detail. 33 11.11.04 Corruption Can not comment on individual reports so 194718 893W as not to prejudice criminal investigations. 16.11.04 Corruption Letters of request for assistance in criminal 196427 1410W matters from foreign governments are confidential. 34 11.11.04 Wildlife Crime National Wildlife Crime Intelligence Unit of 195352 902W NCIS assessment of wildlife crime contains operational and intelligence information that can not be published. 35 15.11.04 National Offender Risk assessments carried out as part of the 197170 1113W Management risk management strategy for the and Service establishment of the NOMS are not 197171 published. 36 17.11.04 Senior Handbook for the Investigation of 197434 1596W Investigating Historical Institutional Child Abuse is an Officers’ internal police document and will not be Handbook placed in the Library. INTERNATIONAL DEVELOPMENT No. Date Subject Comment qno. Col. 1 15.12.03 Personnel Details of salaries paid to gender advisers 141826 717W deployed by Department to Iraq and confidential to employer and individual. 141830 (Reference to Code of Practice)
Ev 160 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 5.01.04 Fewer than five senior civil service staff 144976 36W have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 5.01.04 Department’s policy not to make public the 145280 40W salaries paid to individual consultants and contractors. 8.01.04 Fewer than five senior civil service staff 146006 455W have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 2 12.01.04 Leak Inquiry Practice not to comment on the outcomes 146941 521W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 3 4.03.04 United Nations: Practice of Government to neither confirm 158400 1075W bugging nor deny allegations relating to operations allegations of security and intelligence agencies. 4 25.03.04 CDC Costs of new office space for CDC and Actis 157827 956W are covered by confidentiality clauses in the contracts between the landlords and the companies. 16.09.04 CDC / Actis CDC and Actis investment reviews are 188969 1709W Capital confidential and commercially sensitive. 4.10.04 CDC / Actis Inappropriate for Government to comment 189059 1777W Capital on internal affairs of Actis. and and 189066 1778W 15.10.04 CDC / Actis Amounts invested by non-CDC third party 190516 396W Capital investors are commercially sensitive. and 190517 26.10.04 CDC / Actis Risk levels of individual investments are 192808 1137W Capital commercially sensitive. 2.11.04 CDC / Actis Amount paid by Aviva for its investment in 193320 203–4W Capital China Capital Partners is confidential; exact and percentages of ownership of China Capital 193321 Partners Ltd.’s investments are commercially sensitive. 5 19.04.04 Green Minister Established practice not to disclose 165433 407W information relating to proceedings of and Cabinet Committees (Ministerial Sub- 165434 Committee of Green Ministers). (Exemption 2 of Code of Practice) 6 14.05.04 Mines Internal departmental report on UK mine 171053 596W action funding policy will not be released as such action would compromise the candour of internal discussion. (Exemption 2 of Code of Practice) 7 27.05.04 Comprehensive Details of confidential discussions and 175872 1748W Spending Review correspondence with the Chancellor on levels of GNI spent on development are not disclosed. (Exemption 2 of Code of Practice) 8 25.10.04 EU Committees Detail of discussion in Committees 192499 988W withheld. and (Exemption 2 of Code of Practice) 192500
Ministerial Accountability and Parliamentary Questions: Evidence Ev 161
No. Date Subject Comment qno. Col. 26.10.04 EU Committees Reiterated. 192496; 1139– (Exemption 2 of Code of Practice) 192501; 42W 193009; 193016; 193024 NORTHERN IRELAND OFFICE No. Date Subject Comment qno. Col. 1 8.01.04 Security Inappropriate to comment on cost of 146176 469W transporting DG and Director Operations of NI Prison Service in armoured vehicles. 25.02.04 Security Details of methods of transport used by 155168 479W Secretary of State in course of official duties can not be disclosed for security reasons. 5.05.04 Security Level of personal protection provided to 169745 1536W individuals operational matter for Chief Constable of PSNI; inappropriate to comment further. (Exemption 4 of Code of Practice) 2 8.01.04 Sinn Fein/ IRA Information about the links between 146646 470W individual Members of Sinn Fein and the IRA is an intelligence matter. (Exemption 4 of Code of Practice) 15.01.04 Provisional IRA Information on weaponry and ammunition 147042 833W held by Provisional IRA only available from intelligence sources: inappropriate for the Government to comment. (General reference to Code of Practice) 23.02.04 Sinn Fein/IRA Government does not comment on 154664 172W intelligence matters; can not comment on how Sinn Fein and IRA were linked. 26.04.04 Provisional IRA: Inappropriate to comment on arms and 165221 822W Libya explosives supplied to the PIRA by Libya as the information is only available from intelligence sources. (Exemption 4 of Code of Practice) 3 19.01.04 Leak Inquiries Practice not to comment on the outcomes 147009 997W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 4 9.02.04 Speed Limits Not appropriate to disclose tolerance 152847 1164W thresholds permitted for drivers found to be exceeding the speed limit by speed cameras and other devices as this may encourage drivers to drive at this speed. 5 2.03.04 Ceasefire Government does not comment on specific 156669 836W intelligence matters; can not comment on whether breaches of ceasefire had been committed by paramilitary groups. 8.03.04 Ceasefire: Government does not comment on specific 156631 1308W paramilitary intelligence matters; can not comment on activities involvement of paramilitary groups in criminal activities. 6 12.03.04 British Airways Inappropriate to disclose details of 160220 1752W (call centres) amounts paid to BA (under selective financial assistance) for the setting up of a call-centre in Northern Ireland on grounds of commercial confidentiality.
Ev 162 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 7 19.04.04 Civil Service pay Not practice to discuss internal processes 164493 279W behind pay negotiations. 8 19.05.04 Crown Inappropriate to disclose details of 171537 1092W Employment discussions at recent Anglo-Irish summit (Nationality) Bill beyond those contained in the Joint Communique issued after the Summit. (Exemption 1 of Code of Practice) 9 8.06.04 Proscribed Reiterated. 176968 343W terrorist organisations 10 15.06.04 Northern Ireland NIHEC’s advice to the Department is 177737 889W Higher Education provided on a confidential basis. Council 11 20.07.04 Andersonstown Some details of the application for funding 185371 193W News Group from Invest Northern Ireland by Andersonstown News Group withheld. (Exemption 13 of Code of Practice) 12 8.09.04 Recruitment Inappropriate to disclose costs of 186020 1306W exercises conducting recruitment competition carried out by PricewaterhouseCoopers LLP. (Exemption 13 of Code of Practice) 13 8.09.04 Consultants Disclosure of values of individual contracts 180990 1309W contracts with consultancies would breach conditions of contract. 14 19.10.04 Airline Services Inappropriate to disclose individual 191833 671W amounts invested in each airline route. (Exemption 13 of Code of Practice) 15 19.10.04 Green Ministers Established practice not to disclose 190854 673–4W information relating to proceedings of Cabinet Committees (Ministerial Sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 16 4.11.04 Belfast and South Suspensions of officers from the Education 195915 411W Eastern Education and Library Boards are precautionary and Library measures; inappropriate to comment on Boards the details of each case. 17 16.11.04 Rivers Agency Information on religious composition of 198510 1367W technical staff in Western Regional Office of the Agency can not be provided; confidentiality of monitoring information governed by statutory requirements and Code of Practice agreed with unions. 18 18.11.04 Surveillance Not policy to comment on intelligence 199105 1774W matters. PRIME MINISTER No. Date Subject Comment qno. Col. 1 18.12.03 Officials’ Not practice to provide details of all 145214 1075W meetings meetings of Government officials. (Exemptions 2, 7 and 12 of Code of Practice) 2 18.12.03 Relations with Not practice to publish letters from the 145195 1076W foreign Heads of Prime Minister to another Head of State and Government governments (Exemption 1b of Code of Practice) 12.01.04 Not practice to make public details of all 147081 564W discussions with foreign leaders.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 163
No. Date Subject Comment qno. Col. 2.02.04 Details of discussions with Irish 150762 730W Government on criminal activities funding political parties is confidential. 9.02.04 Not practice to make public all discussions 154081 1199W with foreign governments. 11.03.04 Reiterated. 160600 1656W 26.04.04 Reiterated. 168775 830W 4.05.04 Reiterated. 170998 1457W (Exemption 1(b) of Code of Practice) 4.05.04 Reiterated. 170575 1458W (Exemption 1(b) of Code of Practice) and 170576 21.06.04 Reiterated. 179699 1184W 15.07.04 Reiterated. 184366 1301W 19.07.04 Reiterated. 184826 34W 14.10.04 Reiterated. 190763 357W 8.11.04 Reiterated. 195893 450W 10.11.04 Reiterated. 197652 693W 10.11.04 Reiterated. 196774 693W 3 12.01.04 Iraq Survey Group Full report of the Iraq Survey Group 146580 563W contains detailed and operationally sensitive information and is classified. (Exemption 1 of Code of Practice) 2.02.04 Iraq Survey Group Reiterated. 152674 729– (Exemption 1 of Code of Practice) 730W 9.02.04 Iraq Survey Group The Report of the ISG is the responsibility 153081 1196W of the US Director of Central Intelligence. Publication is a matter for the US authorities. 4 15.01.04 Leak inquiries Not practice to comment on conduct or 148399 836W outcome of leak inquiries in the interests of safeguarding security and investigative arrangements. 5 19.01.04 Government Report of the audit is not published as it 148808 922W Performance relates to internal advice and consultation. Audit (Exemption 2 of Code of Practice) 6 19.01.04 Thames Gateway Not practice to provide details of 148200 924W confidential discussions with Ministerial and colleagues and others. 148202 (Exemption 2 of Code of Practice) 7 21.01.04 Exchange of Exchanges between UK and US intelligence 149538 1256W Intelligence officials are confidential. reports 8 2.02.04 Cabinet: Established practice not to disclose 151971 728W Committees information relating to proceedings of Cabinet and its Committees. (Exemption 2 of Code of Practice) 25.10.04 Cabinet Reiterated. 193713 1024W (Exemption 2 of Code of Practice) 9 3.02.04 Intelligence Not practice to comment on intelligence 152319 761W material: SIS matters. briefing 10.02.04 Intelligence Not practice to publish intelligence 152532 1345W material: material. and September 2002 153918 dossier 9.03.04 Intelligence Not practice to comment on intelligence 158523 1431W material: activities matters. at UN
Ev 164 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 26.04.04 Intelligence Reiterated. 168617 828W material 23.06.04 Intelligence Reiterated. Nature of reports concerning 179891 1447W material Osama Bin Laden and Al-Qaeda not disclosed. 10 9.02.04 Prime Minister’s Not practice to provide details of 152971 1199W Meetings: water confidential discussions with ministerial pricing colleagues. (Exemption 2 of Code of Practice) 22.03.04 Prime Minister’s Not practice to disclose details of all 162880 559W Meetings: meetings with individuals and BNFL/Enron organisations. 22.04.04 Prime Minister’s Reiterated. 168001 605W Meetings: London (Exemption 2 of Code of Practice) Mayor 26.04.04 Prime Minister’s Reiterated. 167801 829W meetings: environmental groups. 12.05.04 Prime Minister’s Reiterated. 173001 385W meetings: GEC (Exemptions 2 and 7 of Code of Practice) 14.05.04 Prime Minister’s Reiterated. 173261 654W meetings: (Exemptions 2 of Code of Practice) regulatory reform 25.05.04 Prime Minister’s Reiterated. 174254, 1521W meetings: GEC (Exemptions 2 and 7 of Code of Practice) 174256, to 174311, to 1522W 174313 and 174315 25.05.04 Prime Minister’s Information relating to internal discussion 174255, 1522W meetings: GEC and advice exempt from disclosure. 174258 to (Exemption 2 of Code of Practice) 174261 7.06.04 Prime Minister’s Not practice to provide details of all 177141 100W meetings: hunting meetings with organisations and with dogs individuals. (Exemptions 2 and 7 of Code of Practice) 14.06.04 Prime Minister’s Reiterated. 178837 622W meetings: Panel (Exemption 2 of Code of Practice) for Regulatory Accountability 15.07.04 Prime Minister’s Not practice to provide details of all 184122 1301W meetings: Cabinet meetings with Cabinet colleagues. colleagues (Exemption 2 of Code of Practice) 15.07.04 Prime Minister’s Not practice to provide details of all 184393 1301W meetings: US meetings with organisations and lobby for individuals. construction of (Exemptions 2 and 7 of Code of Practice) nuclear plants. 22.07.04 Prime Minister’s Reiterated. 186144 470W meetings: United (Exemptions 2 and 7 of Code of Practice) Healthcare 13.09.04 Prime Minister’s Reiterated. 188179 1444W meetings: (Exemptions 2 and 7 of Code of Practice) national newspapers 14.10.04 Prime Minister’s Reiterated. 190908 357W meetings: church (Exemptions 2 and 7 of Code of Practice) representatives
Ministerial Accountability and Parliamentary Questions: Evidence Ev 165
No. Date Subject Comment qno. Col. 28.10.04 Ministerial Reiterated. 193895, 1392W meetings: (Exemptions 2 and 7 of Code of Practice) 193896,193 changes to 762, gambling law 194517, 194321 11 23.02.04 Security Not practice to comment on security 155431 75W arrangements for 10 Downing Street. 15.10.04 Security Not practice to comment on provision of 191184 393W security for relatives of Ministers when abroad on personal business. 26.10.04 Security: Prime Not practice to comment on security 194019 to 1216W Minister’s wife matters. 194022 12 25.02.04 Opinion polls: Costs of opinion polls surveying public 153466 404W MoD perceptions of MoD and armed forces withheld on grounds of commercial confidence. (Exemption 13 of Code of Practice). 13 9.03.04 Law Officers’ Attorney General’s advice on the legality of 159588 1431W Advice military action in Iraq covered by exemptions under code. (Exemptions 2 and 4 of Code of Practice) 9.03.04 Law Officers’ Established practice not to disclose details 159937 1431W Advice of internal discussion and advice. (Exemption 2 of Code of Practice) 22.03.04 Law Officers’ Not practice to disclose whether any 161703 559W Advice: advice of particular legal advice was given on specific other legal occasions. advisers 14 15.03.04 Staff salaries Salaries of individuals are not disclosed in 161236 37W order to protect privacy of individuals concerned. (Exemption 12 of Code of Practice) 15 29.04.04 Immigration List of who attended summit exempt from 169884 1225W summit disclosure as internal discussion and advice. (Exemption 2(b) of Code of Practice) 16 14.06.04 Royal Bounty Details of recipients of disbursements from 177658 622W Fund and Royal the funds are exempt from disclosure in Charity Fund order to protect the privacy of individuals concerned. (Exemption 12 of Code of Practice) 17 28.06.04 Lord Birt and Lord Details of individuals’ conditions of 180557 12W Levy appointment are not made public in order to protect the privacy of the individual concerned. (Exemptions 8 and 12 of Code of Practice) 21.07.04 Lord Birt The nature of Lord Birt’s work for the 182247 332W Prime Minister is to provide private internal advice to the Prime Minister and Cabinet Ministers; this advice not disclosed. (Exemption 2 of Code of Practice) 18 8.09.04 Freedom of Information relating to Cabinet 186606 1233W Information Committees not disclosed. and (Exemption 2 of Code of Practice) 186607 19 14.10.04 Iraq Prime Minister would not declassify and 190986 357W place in the Library documents published by Daily Telegraph relating to war with Iraq.
Ev 166 Ministerial Accountability and Parliamentary Questions: Evidence
SCOTLAND OFFICE No. Date Subject Comment qno. Col. 1 13.01.04 Give-as-you-earn Small number of departmental staff 143901 654W contribute to the Give-as-you-earn scheme; exact numbers can not be provided without compromising privacy of individuals concerned. 2 10.06.04 Govan/GEC Not practice to provide details of all 174304 to 506W meetings with organisations and 174307, individuals. Matters also confidential to 174316, individuals. 174317, (Exemptions 2,7 and 12 of Code of Practice) and 174319 to 174323 SOLICITOR GENERAL No. Date Subject Comment qno. Col. 1 16.12.03 Law Officers’ Established convention that whether Law 144484 827W Advice Officers have been consulted is not publicly disclosed. (Exemptions 2 and 4(d) of the Code of Practice) 23.02.04 Law Officers’ Established convention that Law Officers’ 155100 78W Advice advice to Government is not publicly disclosed. (Exemptions 2 and 4(d) of the Code of Practice) 9.03.04 Law Officers’ Reiterated. 156108 1406– Advice (Exemptions 2 and 4(d) of Code of Practice) 7W 9.03.04 Law Officers’ Established convention that whether or not 156250 1407W Advice the Law Officers have advised the Government on a particular matter is not disclosed. (Exemptions 2 and 4(d) of Code of Practice) 7.09.04 Law Officers’ The Attorney-General’s account to the 186192 969W Advice Butler Committee of the legal advice that he had given to the Government was given in confidence. 15.10.04 Law Officers’ Established convention that whether or not 189117 425W Advice the Law Officers have advised the Government on a particular matter and content of advice is not disclosed. (Exemptions 2 and 4(d) of Code of Practice) 2 26.02.04 Guantanamo Bay Discussions between UK Government 155015 532W detainees officials and the US Administration on the treatment that detainees would receive on repatriation to the UK are confidential. 3 8.03.04 Serious Fraud For operational reasons SFO can neither 158311 1338W Office: Bonny confirm nor deny whether a specific matter Island has been referred to it or is under investigation. 4 17.03.04 Katharine Gun Counsels’ advice on the case is subject to 159190 314W case legal privilege; would be inappropriate to place it in the Library.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 167
No. Date Subject Comment qno. Col. 22.04.04 Katharine Gun Correspondence between the Attorney 164241 606W case General and Ministers concerning whether it was in the public interest to proceed with prosecution under the Official Secrets Act includes information harmful to national security; relates to internal discussion and advice; and relates to legal proceedings. (Exemptions 1, 2 and 4 of Code of Practice) 5 6.05.04 Iraq Established practice not to disclose details 168729 1673W of internal discussions between Ministers. (Exemption 2 of Code of Practice) 6 7.06.04 Operation Antler Letters sent by CPS to Porton Down 146574 69W volunteers explaining decision not to prosecute are private correspondence. 7 15.11.04 Corruption Serious Fraud Office can not disclose details 197172 957W of referring jurisdictions of corruption investigations as investigations are ongoing. TRADE AND INDUSTRY No. Date Subject Comment qno. Col. 1 3.12.03 Representations Summary of representations received on 141574 104W received on home the termination of the home accidents accidents surveillance system not to be published as surveillance represetations received on a confidential system basis. 2 3.12.03 Meetings: Small Frequency and nature of meetings 141606 109W Business Service between Ministers and officials is private and matter. (Exemption 2 of Code of Practice) 141608 4.12.03 Meetings: Established practice not to disclose 141607 124W Ministerial Panel information relating to proceedings of for Regulatory Cabinet Committees. Accountability (Exemption 2 of Code of Practice) 8.12.03 Meetings Minutes of meetings with members of 140946 252W accountancy profession regarding auditors’ liabilities not to be published. 9.03.04 Meetings: Nirex Established practice not to disclose 159048 1425W information on internal advice and discussion. (Exemption 2 of Code of Practice) 7.06.04 Meetings: GEC Not practice to provide details of all 174285 to 103W meetings with organisations and 174288 individuals. and (Exemptions 2 and 7 of Code of Practice) 174290 to 174294 10.06.04 Meetings: large Details of discussions with Ministers and 175585 563W Combustion Plant officials in DEFRA withheld. and Directive (Exemption 2 of Code of Practice) 175586 18.06.04 Meetings: Ruth Details of discussions held by Permanent 179106 1154W Lea Secretary concerning Ruth Lea when she was employed by the IoD exempt from disclosure. (Exemptions 2 and 14 of Code of Practice) 5.07.04 Meetings: landfill Detailed information on officials’ meetings 181220 513W gas with DEFRA and Environment Agency withheld. (Exemption 2 of Code of Practice)
Ev 168 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 3 8.12.03 Legal Advice Neither fact nor substance of Law Officer’s 140939 260W advice (relating to legality of solicitor’s charging for coalmining health claims) can be disclosed. (Exemption 4d of Code of Practice) 4 15.12.03 Regional Selective Information on applications for RSA not 143308 649W Assistance released for reasons of commercial and confidentiality. 143309 (Exemption 13 of Code of Practice) 15.01.04 Regional Selective For reasons of commercial confidentiality, 147795 848W Assistance details of individual grants under RSA are only published once the first grant payment has been made. 5 13.01.04 UN Panel of Communications with the UN Panel of 146414 694W Experts on illegal Experts are confidential in accordance with and and exploitation of OECD Guidelines. 146415 695W resources of DR Congo 6 13.01.04 ECGD Not possible to give information regarding 144807 696W unrecovered claims outstanding with ECGD that are deemed to be unrecoverable; grounds of disproportionate cost and information could prejudice ongoing and future ECGD negotiations to recover debt. 2.11.04 ECGD Reiterated. 192385 209W 5.03.04 ECGD Details of claims made by banks on ECGD 156071 1178W in respect of the Dabhol-Enron Power Plant in India are commercially confidential. (Exemption 13 of Code of Practice) 7 22.01.04 Post Office Figures used by Post Office Ltd in 149492 1385W closures proposing closure of a post office are commercially confidential. 8 22.01.04 Windfarms Energy output of windfarm sites can not be 149678 1386W given on a site by site basis due to confidentiality undertakings between site owners and Ofgem. 29.01.04 Windfarms Levels of availability for individual 147518 495W windfarms can not be released for reasons of commercial confidentiality. 19.04.04 Windfarms Average capacity factor for individual 165517 65W windfarms can not be released for reasons of commercial confidentiality. 9 26.01.04 Personnel Precise numbers of disabled departmental 148987 81W can not be given for those categories of disability affecting less than 5 staff to preserve confidentiality. 11 28.01.04 Security threats Inappropriate to provide details of what 151257 371W to national power security advice is given and to what supply organisations. 12 4.02.04 Bribery and Minister can not comment on individual 151517 876W corruption reports relating to cases of bribery/corruption involving UK citizens as this would prejudice ongoing criminal investigations. 13 10.02.04 Overseas Projects Disclosure of OPF awards to companies 151515 1364W Fund could compromise their efforts to win overseas business. (Exemptions 13 and 14 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 169
No. Date Subject Comment qno. Col. 14 29.01.04 Nuclear power: Information on (a) security measures for 150523 502W Transport of nuclear fuel movements and (b) details of and nuclear fuel movements which may be of potential use 150524 (security) to terrorists can not be disclosed. 13.10.04 Nuclear power: Department will not comment on detail of 190096 320W Transport of plans for commercial shipment of nuclear material plutonium between the US and France (security). using UK-registered PNTL ships as information could be of use to terrorists. 11.02.04 Nuclear power: Discussions with Idaho waste processing 142132 1472W BNFL, waste facility and the US Department of processing Environment on claims for compensation under terms of a contract are a commercial matter. 11.02.04 Nuclear power: Identities of companies that tendered for 154206 1480W Waste contract to consult on proposals on waste Substitution— substitution can not be released. contract to (Exemption 13 of Code of Practice) consult 5.03.04 Nuclear power: Nature of representations to DEFRA 158644 1180W NIREX regarding status of NIREX withheld. (Exemption 2 of Code of Practice) 19.04.04 Nuclear power: European Commission has classified its 165162; 73W and Euratom follow-up letters to nuclear installations 165164 74W safeguards regarding Euratom safeguards; letter from and Commission to UKRep about safeguard 165174 concerns is subject to confidentiality agreement between Member States and the Commission. 19.04.04 Nuclear power: For security reasons, information on 165163 73W quantities of quantities of nuclear material held in plutonium specific locations is not released. (Exemption 1(a) of Code of Practice) 19.04.04 Nuclear power: Not policy to disclose substance of 166037 319W security discussions with Office for Civil Nuclear Security as such information could be of use to terrorists. 10.05.04 Nuclear power: Policy not to disclose details of security 171649 75W security at measures which could be of use to research terrorists. laboratories 13.05.04 Nuclear power: Not policy to disclose substance and 173342 508W security assessments of discussions with Office for Civil Nuclear Security as information could be of use to terrorists. 20.04.04 Nuclear power: Inappropriate for security reasons to 165818 464W contents of provide itemised information on quantities Sellafield B30 of nuclear material held in specific ponds locations. (Exemption 1 of Code of Practice) 7.06.04 Nuclear power: Information that permits individual 174005 30W Sellafield buildings within BNFL Sellafield to be identified by function is a matter of national security and can not be disclosed. 14.09.04 Nuclear power: Profits of MOX plant at Sellafield are 187527 1537W MOX plant profits commercially confidential. (Exemption 13 of Code of Practice)
Ev 170 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 8.11.04 Nuclear power: Revenues and profits of MOX and THORP 196421 460W MOX and THORP plants are commercially confidential. profits 22.07.04 Nuclear power: Not able to comment on revocation of 184399 514W security security clearance of an individual by Office for Civil Nuclear Security. 7.09.04 Nuclear power: Not policy to disclose details of security 187307 1037W security that could be of assistance to terrorists. (Exemption 1 of Code of Practice) 15 11.02.04 Power cuts Recommendations and conclusions of 154213 1479W Engineering Inspectorate’s investigation into cause of power cuts in London and W Midlands passed to companies on a confidential basis. Material gathered is commercially sensitive and disclosure restricted by terms of Utilities Act 2000. 16 23.02.04 T&N Ltd. Inappropriate to make a statement on 153912 72W Administration administration proceedings in respect of T&N Ltd. 17 27.02.04 Military Information on manufacturers and end- 154593 591W equipment users of equipment licensed for export is and exports commercially confidential. 154595 18 10.03.04 Business Link Independent audit reports of Business Link 157225 1502W Operators are commercially restricted. 19 10.03.04 Iraq: contracts Some British companies have asked for 159003 1506W award of contracts to them not to be published for reasons of commercial confidentiality. 20 17.03.04 Miners’ Miners’ claims for compensation for nitro- 159869 329W compensation glycerine headaches are subject to a confidentiality agreement between the British Coal Corporation and the solicitor representing some of the claimants. 21 25.03.04 Flexiclub Department does not comment on the 163227 964W affairs of individual and dissolved companies. 22 26.03.04 Power stations A number of power generators have 156102 1102W asserted that historical emissions data is commercially confidential. 23 20.04.04 Companies Companies Investigation Branch does not 165422 470W Investigation disclose operational details, such as Branch numbers of staff dedicated to an inquiry. 24 29.04.04 BT business rates Correspondence with European 167269 1237W Commission on allegations of undeserved subsidisation of BT business rates is commercially confidential. (Exemption 13 of Code of Practice) 25 10.05.04 Post Office Post Office Limited’s business case for the 171800 87W closure of post offices in Fylde includes detailed financial information which is commercially confidential. 12.05.04 Post Office Postcomm’s advice on the future of the 172547 442W rural post office network was submitted to the Government in confidence as it contains commercially sensitive material. 20.05.04 Post Office: Divulging details of Post Office measures to 173054 1117W identity theft minimise identity theft would compromise their effectiveness.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 171
No. Date Subject Comment qno. Col. 26 19.05.04 Product Safety Not practice to release details of 173959 986W correspondence with European Commission. (Exemption 2 of Code of Practice) 27 25.05.04 Beagle Project The full report of the inquiry into the 174853 1557W Beagle Project can not be published. (Exemptions 1 and 13 of Code of Practice) 28 7.06.04 Flue Gas Can not comment on individual commercial 176439 27W Desulphurised contracts. Power Stations 29 1.09.04 Green Ministers Established practice not to disclose 185127 758W information relating to proceedings of Cabinet Committees (Ministerial Sub- Committee of Green Ministers). 20.10.04 Green Ministers Reiterated. 190851 766W (Exemption 2 of Code of Practice) 30 7.09.04 NCP Communications between the National 186181 1036W (Communications) Contact Point and companies whose dossiers were forwarded to the NCP are commercially confidential. (Exemptions 13 and 14 of Code of Practice) 31 16.09.04 Foreign Direct Individual statistical returns made by 188993 1725W Investment foreign companies to ONS for all surveys, including of foreign direct investment, are confidential. 32 26.10.04 Shareholder Not policy to publish salary levels of 192745 1150W Executive individual members of staff (members of Shareholder Executive). 33 8.11.04 BHG Group Department does not comment on the 195678, 458–9W affairs of companies in the BHG Group that 195680 are not the subject of insolvency and proceedings. 195682 9.11.04 BHG Group Reiterated. 195837 586W 34 8.11.04 EU Committees Rules of Procedure state that proceedings 194352 459W of the Enterprise Management Committee and the Horizontal Configuration of the Programme Committee of the FP6 Specific Programme are confidential. 35 11.11.04 Private Finance Information relating to PFI contract for 193977 834W Initiative provision of centralised IT within the Department is commercial in confidence. (Exemption 13 of Code of Practice) 36 15.11.04 Oil and Gas: Policing arrangements for UK’s offshore oil 194224 1074W security and gas installations are not disclosed. 15.11.04 Oil and Gas: Not appropriate to comment on security 195067 1077W security reviews of gas interconnectors and other pipelines. 37 16.11.04 Enron Department does not comment on affairs 195124 1304W of individual companies. 38 17.11.04 Bombardier Bombardier Aerospace’s application for 198805 1614W Aerospace Launch Investment is commercially and confidential and ongoing. 198806 TRANSPORT No. Date Subject Comment qno. Col. 1 4.12.03 Security: Ships Not appropriate to detail security measures 140667 162W that have been put in place to protect shipping from terrorist attack. 31.03.04 Security: ships Not practice to disclose details of security 163581 to 1408W and containers matters. 163583
Ev 172 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 27.04.04 Security: ships Not policy to comment in detail on security 167637 892W and containers measures. Unable to outline number of ships or port facilities that already have approved security plans. 27.10.04 Security: ships Not policy to comment in detail on ships 190684 1228W inspected for security compliance. and 190685 26.01.04 Security: Aviation Security advice issued to airlines and 148432 34W intelligence reports or exchanges on and intelligence that had taken place with the 148468 Saudi government withheld. 4.03.04 Security: Aviation Not appropriate to disclose details of 157058 1131W security measures and assessments carried out against threat to civil aircraft from man-portable air defence systems. 19.05.04 Security: British Numbers of British Transport Police trained 171903 997W Transport Police and equipped to deal with a terrorist biological attack can not be revealed for security reasons. 5.07.04 Security: ports Information on numbers of official 180888 481W breaches of security at UK ports withheld. 22.07.04 Security: ports Inappropriate, for security reasons, to 185881 658W comment on which ports/port facilities may not have received security certificates. 11.10.04 Security: ports Not policy to comment in detail on how 188431 6W many ships have been inspected, denied entry, expelled or detained at UK ports. 1.11.04 Security: railway Not practice to detail security measures or 194708 15W stations procedures at individual stations. 9.11.04 Security: railway Inappropriate to provide details of specific 196308 575W tunnels and security measures taken by Department, bridges British Transport Police and others in respect of rail infrastructure. 2 8.01.04 Personnel Fewer than five senior civil service staff 145994 430W have a disability therefore actual number with disability not published in order to protect privacy of individuals. (Exemption 12 of Code of Practice) 9.03.04 Personnel: pay Not policy to provide information on pay 158295 1413W and bonuses for and bonuses that are identifiable to senior staff particular individuals. 3 12.01.04 Air Safety UK can not publish information concerning 147181 546W (Banned Airlines) action by other European Civil Aviation and Conference states in respect of refusal, 147182 suspension and revocation of permits to airlines following inspections of aircraft. 13.01.04 Air Safety Not appropriate to publish the names of 147558 671W those airlines that have had safety checks and and but where permits have not been refused 147569 673W or suspended. 21.07.04 Air Safety Inappropriate to release information 184129 264W regarding Mandatory Occurrence Reports relating to individual airlines as this would undermine constraints imposed on the CAA on reporting of this information.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 173
No. Date Subject Comment qno. Col. 4 21.01.04 Shipping Merchant shipping regulations prevent the 148486 1236W accidents disclosure of any report provided to the Marine Accident Investigation Branch; information on injuries and fatalities can only be provided on the basis of reports published by the MAIB. 5 28.01.04 Strategic Rail Findings of the Strategic Rail Authority’s 151250 356W Authority study on Central Railway proposal commercially sensitive. 10.05.04 Strategic Rail Not practice to release letters to Ministers 171282 14W Authority from SRA Chairman on the Central Railway Project as these constitute advice to Ministers. 6 9.03.04 Eurotunnel Precise composition of payments, including 154911 1411W minimum usage charge, by railways to Eurotunnel is a commercial matter. 7 26.03.04 Chief Scientific Not Department’s practice to list names of 164041 1074W Adviser unsuccessful candidates for post who were shortlisted; all applications are in confidence. 8 22.04.04 Green Ministers Established practice not to disclose 166065 608W information relating to proceedings of Cabinet Committees (Ministerial sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 20.10.04 Green Ministers Reiterated. 190856 688W (Exemption 2 of Code of Practice) 9 13.05.04 London Value of contracts with individual 171222 491W Underground PPP management consultants is commercially confidential. 10 17.05.04 Trinity House THLS not required by the Code of Practice 167359 718– Lighthouse to publish its Business Process Review. 719W Service 11 17.05.04 Vehicle and Detailed analysis of cost of 173892 719W Operator Services SchlumbergerSema contract is commercial Agency in confidence. 12 20.05.04 Network Rail Details of contracts issued by Network Rail 173726 to 1114W are commercially confidential. 173728 27.05.04 Network Rail Reiterated. 171218 1777W and 171219 13 24.05.04 Rail freight Number of containers carried each year by 175002 1302W freight trains is commercially sensitive. 14 22.07.04 Out-of-court Full details of names of parties and 180748 666W settlements circumstances of cases not disclosed as this would breach confidentiality of the other party. 15 9.11.04 EU Committees Names of UK Government officials 193007, 567– attending meetings of EU Committees 193011, 73W withheld. 193012, (Exemption 15 of Code of Practice) 193015, and 193019 to 193022
Ev 174 Ministerial Accountability and Parliamentary Questions: Evidence
TREASURY No. Date Subject Comment qno. Col. 1 3.12.03 Customs: searches Customs and Excise do not publish numbers 141095 58–9W and examinations of searches or examinations at specific locations for fear of prejudicing law enforcement operations. (Exemption 4 of Code of Practice) 23.02.04 Customs: Not Customs policy to disclose identities of 155355 119W informants registered informants. 2.03.04 Customs: bonded Details of location and turnover of spirits 155841 803W warehouses of individual bonded warehouses can not be released. (Exemptions 6 and 13 of Code of Practice) 4.03.04 Customs: security Detailed information about procedures for 157057 1134W screening of screening incoming cargo can not be cargo containers released as information could be useful to terrorists. (Exemptions 1, 4 and 7 of Code of Practice) 4.05.04 Customs: Information about the deployment of 169967 1480W Coquelles customs staff at specific locations is not customs point available. (Exemption 4(b) of Code of Practice) 25.05.04 Customs: Investigation and prosecution of offences 174626 1483W development of involving assisting or inducing weapons- nuclear weapons related acts overseas is a matter for Customs and Excise; can not comment on whether a matter is under current investigation. (Exemption 4 of Code of Practice) 25.05.04 Customs: Reiterated. 174627 1553W development of (Exemption 4 of Code of Practice) nuclear weapons 26.05.04 Customs: Victor Not policy to comment on existence or 175582 1684W Bout nature of any individual investigations. 29.06.04 Customs: human Not appropriate to give details of numbers 180502 172W intelligence policy and costs of staff engaged at specific locations. (Exemptions 4 and 7 of Code of Practice) 2 9.12.03 Tax Details of films benefiting from tax relief 142299 392W can not be disclosed. (Exemption 15 of the Code of Practice) 9.12.03 Tax Department can not comment on 142718 394W individual cases in which information has been allegedly supplied to US authorities investigating tax avoidance schemes designed by accountancy firms. 5.01.04 Tax: Gift Aid Information about individual organisations 144990 163W claiming Gift Aid can not be released. (Exemption 15 of Code of Practice) 11.03.04 Tax: Gift Aid Reiterated. 160422 1644W (Exemption 15 of Code of Practice) 2.03.04 Tax: Thalidomide Discussions between the Thalidomide Trust 157687 804W Trust and Inland Revenue are confidential. 3.03.04 Tax: Thalidomide Reiterated. 158750 910W Trust 23.03.04 Tax: card Customs and Excise prevented by statute 161860 674W handling scheme from disclosing information about tax (VAT bill affairs of individuals. reduction) (Exemption 15 of Code of Practice)
Ministerial Accountability and Parliamentary Questions: Evidence Ev 175
No. Date Subject Comment qno. Col. 30.01.04 Tax: VAT Details of VAT collected from individual 151976 570W bodies or in relation to individual transactions is not published. 1.04.04 Tax: VAT/ T Government can not comment on VAT 163962 to 1695W element affairs of individual taxpayers. 163964 (Exemption 15(a) of Code of Practice) 30.04.04 Tax: VAT HM Customs and Excise debarred from 169974 1369W disclosing information about affairs of individual taxpayers. (Exemption 15 of Code of Practice) 17.05.04 Inheritance Tax: The amounts involved in the estate of any 171538 744W Queen Mother taxpayer are subject to Inland Revenue rules of confidentiality. 3 27.04.04 Inland Revenue: Inland Revenue does not reveal names of 166751 910W enforcement employers issued with minimum wage enforcement notices. 5.05.04 Inland Revenue: Inland Revenue is statutorily debarred from 170656 1506W child benefit disclosing information relating to the affairs of individuals. (Exemption 15 of Code of Practice) 20.10.04 Inland Revenue: Information submitted on ACU1 and ACU2 192579 697W Gangmasters forms to Agricultural Compliance Unit of and Inland Revenue can not be disclosed. IR 192580 statutorily debarred from disclosing information relating to tax affairs of individuals or bodies. (Exemption 15 of Code of Practice) 4 15.12.03 Personnel Number of staff transferred from HMT 143603 677W International Division in 2000-1 who had previously worked as part of an advisory/casework team withheld as information would facilitate identification of staff. (Exemption 8(a) of Code of Practice) 5 5.01.04 Imports from Department could not detail types of 145398 163W Israel products that have been imported to UK that may have originated in Israeli settlements in Occupied Territories as this could identify individual importers. (Exemptions 13 and 15 of Code of Practice) 6 7.01.04 Ministerial Not Government’s practice to provide 145653 353W meetings details of all meetings of Ministers and civil servants. 20.01.04 Ministerial Reiterated. 149497 1114W meetings 26.01.04 Ministerial Reiterated. 151064 109W meetings 10.02.04 Ministerial Reiterated. 153695 1348W meetings 1.03.04 Ministerial Reiterated. 156770 696W meetings 28.04.04 Ministerial Reiterated. 163123 1114W meetings (Exemption 7(b) of Code of Practice) 10.05.04 Ministerial Reiterated. 168800 145W meetings (Exemption 7(b) of Code of Practice) 13.05.04 Ministerial Reiterated. 173223 480W meetings (Exemption 7(b) of Code of Practice)
Ev 176 Ministerial Accountability and Parliamentary Questions: Evidence
No. Date Subject Comment qno. Col. 7 12.01.04 Financial Advisers Not Government’s practice to provide 147039 517W details of all representations made to Departments. 8 19.01.04 Leak inquiries Practice not to comment on the outcomes 147194 1028– of leak inquiries so as to safeguard security 9W and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 9 22.01.04 Employer Reviews of specific employers are 149860 1420W Compliance confidential. Review 10 2.02.04 Sale of gold: Department does not provide market 152144 639W investment of sensitive information about individual receipts assets within the reserves portfolio. 11 9.02.04 Tripartite Agendas of the Standing Committee must 153727 1171W Standing remain confidential as the disclosure that Committee on an issue has been discussed could be Financial Stability market sensitive or exacerbate problems that the Committee was trying to address. 12 27.02.04 Construction Not appropriate to disclose advice given to 156681 572W Industry Ministers by civil servants on the turnover test for sub-contractors under the Construction Industry Scheme. 13 11.03.04 Departmental Central Office of Information purchases 157967 1643W Advertising advertising space for Inland Revenue and and obtains discount rates which are subject to 157968 commercial confidentiality agreements. 14 30.03.04 Lyons Review Lyons’ review carried out on the basis that 163802 1352W Government Departments that identified possible locations for dispersal would not be named until they were ready to make a full announcement. 15 26.05.04 Bribery Inland Revenue does not publish its risk 175940 1710W assessment criteria when considering which tax returns to examine in detail. 16 26.05.04 Science and Minutes of meetings of the cross- 173554 1713W innovation departmental committee constitute Committee internal discussion and advice and are not published. (Exemption 2 of Code of Practice) 17 23.06.04 Currency Detailed information on payments to 179800 1406W exchange individual firms under the programme not programme released on the grounds of contractual confidentiality. 18 12.10.04 Tax credits Inappropriate to discuss tax credit affairs of 190282 244W individual customers. 19 20.10.04 Green Ministers Established practice not to disclose relation 190874 698W relating to proceedings of Cabinet and and Committees (Ministerial Sub-Committee of 190871 703W Green Ministers). (Exemption 2 of Code of Practice) 20 27.10.04 Royal Residences Cost and terms of lease granted to HRH the 191344 1297W Duke of York relating to property in and Windsor Great Park are confidential. 191345 WALES OFFICE No. Date Subject Comment qno. Col. Nil.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 177
WORK AND PENSIONS No. Date Subject Comment qno. Col. 1 3.12.03 Cabinet Established practice not to disclose 141588 83W Committees information on proceedings of Cabinet Committees(Ministerial Group for Older People and Age Discrimination). (Exemption 2 of Code of Practice) 2 17.12.03 Post Office Card Information on costs (of administration) of 144395 978W Accounts Post Office Card Accounts are commercial in confidence. (Exemption 13 of Code of Practice) 3 18.12.03 Rent Service Correspondence between Department and 143723 1103W Correspondence the Rent Service is largely confidential in nature; to identify non-confidential correspondence disproportionately costly. (Exemption 2 of Code of Practice) 4 27.01.04 Leak Inquiries Practice not to comment on the outcomes 147191 347W of leak inquiries so as to safeguard security and investigative arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 5 19.04.04 Advertising costs Cost of full page advertisement 166540 300W commercially confidential. (Exemption 13 of Code of Practice) 6 20.05.04 Green Ministers Established practice not to disclose 165667 1170W information relating to proceedings of Cabinet Committees (Ministerial sub- Committee of Green Ministers). (Exemption 2 of Code of Practice) 20.10.04 Green Ministers Reiterated. 190852 806W (Exemption 2 of Code of Practice) 7 21.06.04 Qa pension Department can not comment on 176232 1254W scheme individual cases of those who lost out through closure of the pension scheme. 8 4.11.04 Child Support EDS contract for Agency’s new IT system is 194277 420W Agency commercially confidential. (Exemption 13 of Code of Practice) 9 18.11.04 PFI contracts Contract costs for IS/IT initiatives not 193974 1892W provided on grounds of commercial confidentiality. (Exemption 13 of Code of Practice) DOMESTIC COMMITTEES/HOUSE OF COMMONS COMMISSION No. Date Subject Comment qno. Col. 1 27.04.04 Parliamentary For security reasons not possible to provide 164657 906W passes numbers of security passes issued in each category. 2 26.10.04 Visitors passes Not practice to publish details of operation 193351, to 1096W of security arrangements on the 193353 parliamentary estate. 28.10.04 Visitors passes Reiterated. 194316 to 1304W 194318
Ev 178 Ministerial Accountability and Parliamentary Questions: Evidence
Appendix 4: Memoranda from Government Departments session 2003–04
Letter from the Second Clerk, Public Administration Select Committee, to all relevant Departments
The Public Administration Select Committee (PASC) has now received from the Table Office the list of Parliamentary Questions that Ministers have refused to answer in Session 2003–04. As at the end of every parliamentary session the Committee requires your department to provide an explanation for these refusals. This practice was initiated in 1995–96 by the Public Services Committee (PASC’s predecessor) following the findings, about Ministers’ replies to PQs, of Sir Richard Scott’s Inquiry into the export of defence equipment .
I enclose a copy of the letter of 20 December from the Principal Clerk, Table Office, and of the part of the list that relates to your department. The list provided by the Table Office is intended primarily as a guide to some of the limits placed by Ministers on replying to a Question. It therefore mainly lists instances of questions which have not been answered because: x the Department has said that the Government is not responsible for the matter concerned; x the Department itself is not responsible for the matter; or x a Minister has directly refused to provide information on the grounds that the information is, for one reason or other, confidential.
As you know, Cabinet Office guidance on answering Parliamentary Questions states that when departments withhold information in response to a Question the relevant exemption in the Code should be cited. For each Answer which does not make a reference to the Code, the Committee would like you to explain more fully: x why it was necessary to withhold information; x how the refusal relates to the exemptions in the Code of Practice on Access to Government Information; and x where a refusal is justified by reference to a ‘practice’ or a policy, what basis that practice or policy has in the Code.
The Committee does not need any further information on cases where: x an exemption has been cited; x the information requested was not held or collected by the Department, or x was the responsibility of another Department.
3 February 2005
Ministerial Accountability and Parliamentary Questions: Evidence Ev 179
List of Memoranda
Submitted by1 Page
1 Cabinet Office...... 180 2 The Church of England Church Commissioners ...... 180 3 Department for Constitutional Affairs...... 180 4 Department for Culture, Media and Sport...... 181 5 Ministry of Defence...... 182 6 Office of the Deputy Prime Minister ...... 184 7 Department for Education and Skills...... 185 8 Department for Environment, Food and Rural Affairs...... 187 9 Foreign and Commonwealth Office ...... 188 10 Department of Health ...... 189 11 Home Office...... 191 12 Department for International Development...... 195 13 Law Officers’ Department ...... 196 14 Northern Ireland Office...... 197 15 Prime Minister’s Office...... 199 16 Department of Trade and Industry...... 203 17 Department for Transport...... 205 18 HM Treasury...... 207 19 Department for Work and Pensions...... 209
1 Reply from Scotland Office had not been received by the printing deadline.
Ev 180 Ministerial Accountability and Parliamentary Questions: Evidence
Memorandum 1 Submitted by the Cabinet OYce Thank you for your letter of 3 February, regarding the Cabinet OYce’s blocked questions during Session 2003–04. Our response on each of these is in the attached table. 17 March 2005
Number Date (Col. Subject Reason for Refusal (UIN) Reference)
3 (152453) 5 February 2004 Public Services At the time of the Rosemary Bennett Times (1048W) Audit article on 14/1/04, no such Cabinet OYce paper containing an audit of public services existed. There was no authorised oYcial briefing to Rosemary Bennett and therefore this and the subsequent questions do not apply. 4 (151504) 2 February 2004 Public Sector Exemption 1: To release the information could (714W) information harm national security or defence. infrastructure 6 (171610) 12 May 2004 Regulatory Exemption 2: To release the information could (360W) Impact harm the frankness and candour of internal Statements discussion. 8 (181462) 1 September 2004 Legal Proceedings Exemption 14(a): Information held with a (692W) guarantee that its confidentiality would be protected. The cost of settlements over the entire period was given in the response. Due to the low number of cases, if this information had been provided for each year separately it would have been possible to identify the individual settlements. A confidentiality clause was part of one of these settlements.
Memorandum 2
Submitted by The Church of England Church Commissioners I refer to Clive Porro’s letter of 3 February concerning the written answer I gave on behalf of the Church Commissioners to Norman Baker MP on 26 March 2004 (Question reference: 164051). You will note that I answered the first part of Mr Baker’s Question, by disclosing the square footage of No. 1 Millbank occupied by the two bodies in question, but I declined to reveal the rents received. As I said in my letter to you of 26 March 2004, concerning my answer to a similar Question from Robert Key MP, I would cite exemptions 7 and 13 of the Code as my reasons for wishing to withhold individual income figures. I would reiterate that the Church Commissioners’ general policy is not to publish rental figures for their individual properties because this information is commercially sensitive. Making such information publicly available could: (i) “harm the competitive position of a third party” (exemption 13); and (ii) “harm the proper and eYcient conduct of the operation of [the Commissioners’] business” (exemption 7) by undermining their ability to secure the best long-term return on their assets. I hope this is helpful. 21 February 2005
Memorandum 3
Submitted by the Department for Constitutional AVairs Your letter of 3 February sought details of Parliamentary Questions for which information was withheld during Session 2003–04. Of the questions listed in the attachment to your letter, 5 withheld information without quoting the relevant exemption from the Code of Practice on Access to Government Information. I will deal with each of these in turn below. Ministerial Accountability and Parliamentary Questions: Evidence Ev 181
18.12.03 Subject: Electoral Commission (144895) Reason: Exemption 8: Public employment, public appointments and honours. Personnel records (relating to public appointments as well as employees of public authorities) including those relating to recruitment are confidential. 07.01.04 Subject: Asylum and immigration tribunals (145640) Reason: Exemption 2: internal discussion and advice. Information whose disclosure would harm the frankness and candour of internal discussion is exempt. This includes internal opinion, advice, recommendation, consultation and deliberation. 31.03.04 Subject: Special Immigration Appeals Commission/Legal Services Commission (163845) Reason: Exemption 4: law enforcement and legal proceedings, and Exemption 5: immigration and nationality. Information is exempt where it would prejudice the administration of justice. Information is also exempt where it relates to immigration cases. 26.04.04 Subject: BailiVs/Debt recovery (166805) Reason: Exemption 13: Third party’s commercial confidences Fees and charges relating to the employment of bailiVs and enforcement agencies is commercial and confidential between the firm and the Magistrates’ Courts Committee employing them. 12.05.04
Subject: Land registry/Unmade roads (171384) Reason: Paragraph 8, part 1 of the Code states that where there is a statutory right to information, that right over-rides the Code. The information requested through the Parliamentary Question was available under the Land Registration Act 2002 and its associated Rules (the Land Registration Rules 2003). A subsequent letter sent by the Chief Land Registrar clearly set out the position and advised Mr Wyatt of the various ways in which the information could be obtained. I hope that the above explanations provide suYcient information. Please contact me if I can usefully provide any further details. 1 March 2005
Memorandum 4
Submitted by the Department for Culture, Media and Sport I am responding to Clive Porro’s letter of 3 February on written parliamentary questions during the 2003–04 session. Attached is a schedule in the usual format, which I hope answers the Committee’s queries. Four of the 11 questions identified by the Table OYce did cite the relevant exemption in the answer so here there is not much scope for us to expand beyond the original answer. As with my response to last year’s exercise, I can assure the Committee that I have continued to emphasise to all my staV the importance of complying with the Code of Practice on Access to Government Information when drafting answers to written parliamentary questions. Guidance to DCMS oYcials on citing the relevant exemption accompanied each new written parliamentary question issued in the Department up to January this year when the Code was superseded by the Freedom of Information Act. 3 March 2005
09.12.03 Subject: Security Reason: Exemption 4—Law enforcement and legal proceedings. At the time the PQ was answered the Government Art Collection (GAC) had concerns about loss or damage of works of art through theft, malicious damage and terrorism. We accept, however, that the use of the word “security” in this context was ambiguous. 05.01.04 Subject: Digital Television Transmission Reason: Exemption 13—Third party’s commercial confidences. Exemption 14—Information given in confidence. At a time where broadcasters are going to negotiate new contracts with transmission operators, undue disclosure of this sensitive information could prejudice their negotiation position. Ev 182 Ministerial Accountability and Parliamentary Questions: Evidence
22.01.04 Subject: Departmental Personnel Reason: Exemption 12—Privacy of an individual. Withheld in accordance with the Department’s code of practice on ethnic and disability monitoring to protect the identity of individuals. 26.01.04 Subject: Drugs in sport Reason: Exemption 12—Privacy of an individual. The employment status of Ms Verroken was a private contractual matter between Ms Verroken and UK Sport. Richard Caborn made quite clear in his reply that at the time Ms Verroken’s contract of employment had not at that stage been terminated. 11.03.04 Subject: Television Licensing Authority Reason: The information requested was not held or collected by the Department.
22.03.04 Subject: Honours (sport) Reason: Exemption 2—Internal discussion and advice. Members of the Sport Committee were recruited on the basis that their identity and discussions would remain confidential, in order not to jeopardise the frankness and candour of internal discussion, or expose committee members to undue pressure. Exemption 8—Public employment, public appointments and honours. Information, opinions and assessments given in relation to recommendations for honours is exempt from disclosure. 30.03.04 Subject: Honours (rugby) Reason: Exemption 2—Internal discussion and advice. We consider that the harm likely to arise from disclosure would outweigh the public interest in making the information available. Exemption 8—Public employment, public appointments and honours. Information, opinions and assessments given in relation to recommendations for honours is exempt from disclosure. 19.04.04 Subject: Green Ministers Reason: Exemption 2—Internal discussion and advice. 15.10.04 Subject: Green Ministers Reason: Exemption 2—Internal discussion and advice. It has been established practice under successive Governments not to disclose information relating to the proceedings of Cabinet Committees. This practice is now formalised by Exemption 2 of Part II of the Code of Practice on Access to Government Information. 19.07.04 Subject: Employment Tribunals Reason: Exemption 4—Law enforcement and legal proceedings. Withheld on the advice of the Treasury Solicitor as information relating to legal proceedings or the proceedings of any tribunal, public inquiry or other formal investigation which have been completed or terminated, or relating to investigations which have or might have resulted in proceedings is exempt from disclosure. 04.10.04 Subject: Royal Parks Police Reason: Exemption 4—Law enforcement and legal proceedings. Details of security measures were not provided as these could have seriously compromised security of sensitive buildings and arrangements for ceremonial events including some attended by members of the Royal Family.
Memorandum 5
Submitted by the Ministry of Defence Thank you for your letter of 3 February seeking further information on why information was withheld in answer to certain Parliamentary Questions in the Session 2003-2004. Please find enclosed a schedule providing details, where appropriate, on the reasons for withholding information for those questions where no Exemption was cited from the Code of Practice on Access to Government Information. 7 March 2005 Ministerial Accountability and Parliamentary Questions: Evidence Ev 183
Subject: Defence (1) Iraq
23.02.04: Civilian deaths: Special Investigations Branch. (147698) Reports of investigations carried out by the Special Investigations Branch are not published. Exemption 4 (Law enforcement and legal proceedings) of the Code of Practice could have been cited. 08.03.04: Civilian deaths. (147713) The answer explained that details of units who are involved in any incident that has been the subject of a Special Investigations Branch (SIB) investigation are not released, unless the case is referred for court martial. Exemption 4 (Law enforcement and legal proceedings) of the Code of Practice on Access to Government Information could have been cited. 09.03.04: Civilian deaths. (147707) As above. 19.07.04: Contracts. (175095) Details of contracts given to private companies for work in Iraq are commercial in confidence. Exemption 13 (Third Party’s Commercial Confidences) of the Code of Practice on Access to Government Information could have been cited. 25.02.04: Operation Telic: Gulf War Syndrome. (153514) Information concerning the medical condition of an individual cannot be disclosed. Exemption 12 (privacy of an individual) and Exemption 14c (Information given in confidence) of the Code of Practice on Access to Government Information could have been cited. 07.07.04: Shatt al Arab incident (Iran). (182465) As the answer explained, details of representations are confidential between governments. Exemption 1b (Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. 07.07.04: Shatt al Arab incident (Iran). (182468) As the answer explained, the medical details of individuals are confidential. Exemption 12 (Privacy of an individual) and Exemption 14c (Information given in confidence) of the Code of Practice on Access to Government Information could have been cited. 27.10.04: Fallujah. (192954, 192955) These Parliamentary Questions were answered by the Prime Minister, not a Defence Minister. Subject: Defence (2) Equipment, munitions, costs and contracts.
04.12.03: Al Yamamah Programme. (140789) As the answer explained, the Ministry of Defence’s obligation in respect of the Al Yamamah programme is covered in Government-to- Government arrangements, the details of which are confidential between the United Kingdom and Saudi Arabian Governments. Exemption 1b ((Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. 05.01.04: Sub-contractors. (143448) No information was withheld in this answer. The reference in the answer to information not being disclosed because it would be commercially confidential was directly answering the question which was about the Ministry of Defence’s policy on disclosing information about a sub-contractor to a prime contractor and vice versa. 05.05.04: Eurofighter. (170108) It would have been inappropriate to comment on the negotiations and internal processes of other nations. Exemption 1b (Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. 25.05.04: Eurofighter. (175343) As the answer explained, it would have been inappropriate to disclose information on the costs estimates of the enhancements, which were being discussed as part of ongoing wider negotiations on Tranche 2. Exemption 1 (Defence, security and international relations) and Exemption 13 (Third Party’s commercial confidences) of the Code of Practice on Access to Government Information could have been cited. 07.06.04: Departmental Annual Report. (171139) As the answer explained, the production costs of The Stationery OYce are commercially confidential. Exemption 13 (Third Party’s commercial confidences) of the Code of Practice on Access to Government Information could have been cited.
01.09.04: Defence Information Infrastructure. (183082) As the answer explained, the risk registers and the Main Gate Business Case are commercially sensitive. Exemption 13 (Third Party’s commercial confidences) of the Code of Practice on Access to Government Information could have been cited. Ev 184 Ministerial Accountability and Parliamentary Questions: Evidence
Subject: Defence (3) Capability/deployment/readiness. 30.01.04: Trident: deployment. (151597) As the answer explained, in order to maintain eVective deterrence, the Government does not define the exact circumstances under which it would be prepared to use nuclear weapons. Exemption 1 (Defence Security and international relations) of the Code of Practice on Access to Government Information could have been cited. 24.02.04: Missile Defence Technology. (155656) As the answer set out, an unclassified summary of the Technology Readiness and Risk Assessment Programme had already been placed in the Library. However, related work in this area is classified for reasons of national defence and unclassified summaries were not available. Exemption 1a (Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. 28.04.04: US Nuclear Weapons: (169131) NATO and national policy not to comment on the detail of nuclear deployments. Exemption 1a (Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. 26.10.04: Nuclear materials. (109699) Risk assessments of convoys transporting nuclear weapons and materials are not published because the information is sensitive and could be of use to terrorists and to others who may wish to attack a convoy. Exemption 1a (Defence, security and international relations) of the Code of Practice on Access to Government Information could have been cited. Subject: Defence (4) MOD/HM Forces personnel issues (other than a deployment of forces) 06.02.04: Service Board of Inquiry: Sea King Helicopters. (153398) The answer gave an undertaking to place some information in the Library of the House and explained why the Board of Inquiry report would not be placed in the Library. Exemption 2 (Internal discussion and advice) and Exemption 4 (Law enforcement and legal proceedings) of the Code of Practice on Access to Government Information could have been cited. 06.01.04: Service Board of Inquiry: Sea King Helicopters. (157073) As above. 05.03.04: OYcers’ leave. (156073)The answer gave some indicative information, but explained that it could not be further broken down because it would then be possible to identify individuals and breach disclosure and confidentiality policy. Exemption 12 (Privacy of an individual) of the Code of Practice on Access to Government information could have been cited. 23.03.04: Discharge of personnel. (162402) No trace of this question. 29.03.04: Employment of former oYcials. (156898) The answer gave information about the number of oYcials involved and the rules governing the acceptance of outside appointments by Crown Servants. It would not have been appropriate to discuss individual applications. Exemption 12 (Privacy of an individual) of the Code of Practice on Access to Government Information could have been cited. 05.05.04: Special forces: early retirement. (167852) The answer stated that the information requested was being withheld under Exemption 1 of the Code of Practice on Access to Government Information. 16.09.04: Trooper David Clarke. (188585) The answer gave some information and explained that copies of Boards of Inquiries are not made public. Exemption 2 (Internal discussion and advice) and Exemption 4 (Law enforcement and legal proceedings) of the Code of Practice on Access to Government Information could have been cited. Subject: Defence (6) Miscellaneous 05.05.04: US Global posture. (169135) The answer explained that HMG had been consulted, but that it would be inappropriate to comment further until the United States had made an announcement. Exemption 1 (Defence, security and international relations) of the Code of Practice on Access to Government
Memorandum 6 Submitted by the OYce of the Deputy Prime Minister In his letter of 3 February, Clive Porro requested certain information in respect of parliamentary questions which ODPM Ministers refused to answer in the 2003-04 Session. I enclose a table listing the questions you identified and explaining why the information was not provided with references to the Code of Practice on Access to Government Information. 22 February 2005 Ministerial Accountability and Parliamentary Questions: Evidence Ev 185
No. 1 Fire Service College 7.01.04 qno 145791 Reason: Exemption 12—Privacy of an individual.
No. 2 Emergency Planning 12.01.04 qno 147284 to 147288 Reason: Exemption 1—Information whose disclosure would harm national security or defence.
15.11.04 qno 195846 and 195855 Reason: Exemption 1—Information whose disclosure would harm national security or defence.
No. 3 Crown Estates Dredging Licences 15.01.04 qno 147546 Reason: Exemption 13—Commercial confidentiality.
No. 4 Rent Service 26.01.04 qno 150138 Reason: Exemption 2—Confidential communications between public bodies.
No. 5 Regional Assemblies 30.01.04 qno 151005 Reason: Exemption 2—It is not the normal practice of Government to make public correspondence which is sent in confidence.
No. 6 Honours: Dame Shirley Porter 4.02.04 qno 152193 Reason: Exemption 8—Information, opinions and assessments in relation to Honours
No. 7 Millennium Dome 3.03.04 no 157829 Reason: Exemption 13—Commercial confidentiality. No. 8 Disabled Civil Servants 8.03.04 qno 144985 and 145996 Reason: Exemption 12—Privacy of individuals. No. 9 Council Tax Capping 10.03.04 qno 159174 Reason: Exemption 2—It is not the normal practice of Government to make public correspondence which is sent in confidence. No. 10 Green Ministers 26.04.04 qno 165650 and 165651 Reason: Exemption 2—Proceedings of Cabinet committee meetings are not made public.
1.09.04 qno 185133 Reason: Exemption 2—Proceedings of Cabinet committee meetings are not made public.
20.10.04 qno 190870 Reason: Exemption 2—Proceedings of Cabinet committee meetings are not made public. No. 11 Planning: campsites 5.05.04 qno 170754 Reason: Exemption 4—Law enforcement and legal proceedings. Planning: Brighton and Hove Albion Ev 186 Ministerial Accountability and Parliamentary Questions: Evidence
26.02.04 qno 156368 and 156369
Reason: Exemption 4—Law enforcement and legal proceedings. Planning: Brighton and Hove Albion 10.05.04 qno 171513 Reason: Exemption 4—Law enforcement and legal proceedings. Planning: Rail freight sites
26.05.04 qno 175347 Reason: Exemption 4—Law enforcement and legal proceedings. Planning: T-mobile installation at Bardsey 26.05.04 qno 174943 Reason: Exemption 4—Law enforcement and legal proceedings. No. 12 Ordnance Survey
10.05.04 qno 153757 and 153759 Reason: Exemption 13—Commercial confidentiality. No. 13 Planning Delivery Grant 29.06.04 qno 180983 Reason: Exemption 2—Confidential communications between public bodies. No.14 Local Authority Building Control
20.07.04 qno 183682
Reason: Exemption 2—Confidential communications between public bodies.
Memorandum 7 Submitted by the Department for Education and Skills Thank you for your letter of 3 February requesting further information on certain Parliamentary Questions (PQ’s) recorded as being “blocked” by the Table OYce, due to Ministers’ refusal to provide answers. Please find enclosed the relevant information regarding all blocked PQ’s. 1 March 2005
15.01.04 Subject: Disabled Civil Servants Reason: Exemption 12—unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. 30.01.04 Subject: Disabled Civil Servants Reason: Exemption 12—unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. 20.01.04 Subject: Leak Inquiries Reason: Exemptions 1(a) and 7(b)—it has been the practice of successive Governments not to comment on the outcome of such inquiries in order to safeguard security and investigative arrangements. 30.01.04 Subject: Personnel Reason: Exemption 12—unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. Ministerial Accountability and Parliamentary Questions: Evidence Ev 187
24.02.04 Subject: Personnel Reason: Exemption 12—unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy.
04.02.04 Subject: Higher Education Funding
Reason Exemption 2—confidential communications between departments are not made public.
02.03.04 Subject: Drugs Education
Reason: Exemption 2—confidential communications between departments are not made public.
03.03.04 Subject: Pupil Numbers
Reason: The Department considers that responses to these questions were appropriate and in line with the long standing Departmental practice based upon “The Government Statistical Service Code of Practice on the handling of Data Obtained from Statistical Inquiries” (1984, reissued 1991). Guideline 7 states: “All reasonable care is taken that information about identifiable statistical units, or tables or other analyses from which such information can be deduced, is not published or made generally available or otherwise transmitted, except as specified elsewhere in this code, unless the respondent concerned has given consent.” This practice is consistent with Exemption 11b—individual schools are not identified in published statistics without their consent. However, since the Freedom of Information Act took eVect from January 2005, the Department is now required to release school level information that is held centrally as long as confidentiality is preserved and sensitive information is protected.
22.03.04 Subject: Pupil Numbers:
Free School Meals
Reason: The Department considers that responses to these questions were appropriate and in line with the long standing Departmental practice based upon “The Government Statistical Service Code of Practice on the handling of Data Obtained from Statistical Inquiries” (1984, reissued 1991). Guideline 7 states: “All reasonable care is taken that information about identifiable statistical units, or tables or other analyses from which such information can be deduced, is not published or made generally available or otherwise transmitted, except as specified elsewhere in this code, unless the respondent concerned has given consent”. This practice is consistent with Exemption 11b—individual schools are not identified in published statistics without their consent. However, since the Freedom of Information Act took eVect from January 2005, the Department is now required to release school level information that is held centrally as long as confidentiality is preserved and sensitive information is protected.
11.10.04 Subject: Pupil Numbers:
Special Schools
Reason: The Department considers that responses to these questions were appropriate and in line with the long standing Departmental practice based upon “The Government Statistical Service Code of Practice on the handling of Data Obtained from Statistical Inquiries” (1984, reissued 1991). Guideline 7 states: “All reasonable care is taken that information about identifiable statistical units, or tables or other analyses from which such information can be deduced, is not published or made generally available or otherwise transmitted, except as specified elsewhere in this code, unless the respondent concerned has given consent.” This practice is consistent with Exemption 11b—individual schools are not identified in published statistics without their consent. However, since the Freedom of Information Act took eVect from January 2005, the Department is now required to release school level information that is held centrally as long as confidentiality is preserved and sensitive information is protected. Ev 188 Ministerial Accountability and Parliamentary Questions: Evidence
09.11.04 Subject: Pupil Numbers:
Free School Meals
Reason: The Department considers that responses to these questions were appropriate and in line with the long standing Departmental practice based upon “The Government Statistical Service Code of Practice on the handling of Data Obtained from Statistical Inquiries” (1984, reissued 1991). Guideline 7 states: “All reasonable care is taken that information about identifiable statistical units, or tables or other analyses from which such information can be deduced, is not published or made generally available or otherwise transmitted, except as specified elsewhere in this code, unless the respondent concerned has given consent.” This practice is consistent with Exemption 11b—individual schools are not identified in published statistics without their consent. However, since the Freedom of Information Act took eVect from January 2005, the Department is now required to release school level information that is held centrally as long as confidentiality is preserved and sensitive information is protected.
15.03.04 Subject: Connexions:
Reason: The Department considers that it acted appropriately in response to this question. Information on the amount spent on voluntary and community services is collected from Connexions Partnerships as part of their management accounts. These accounts are intended for internal use only, are not audited or published and are treated as commercially confidential (paras 13 and 14 of the Code of Practice on Access to Government Information refers). Whilst this meant that we were unable to provide details of spend by each individual Partnership, we were able to provide the total amount spent each year on the voluntary and community sector.
Memorandum 8
Submitted by the Department for Environment, Food and Rural AVairs Clive Porro wrote to Brian Bender on 3 February seeking information on why certain information was withheld in answer to some Parliamentary Questions in the last Session. I have been asked to reply.
I attach this information set out in accordance with Clive’s requirements. 3 March 2005
Date and Unique Subject Reason Identifying Number
25 May 2004 Ammonium nitrate Exemption 13—Third party’s commercial confidences 172747 fertiliser 21 June 2004 Hazardous waste Exemption 1—information whose disclosure would harm 176384 national security 7 July 2004 Orchards Exemption under the Agricultural Statistics Act 1979, 180427 Section 3 states: no information relating to any particular land or business which has been obtained under section 1 or 2 (of the Act) shall be published or otherwise disclosed without the previous consent in writing of the person by whom the information was furnished and every other per- son who is an owner or the occupier of the land and whose interests may in the opinion of the appropriate Minister be aVected by the disclosure. 21 July 2004 Human Pesticides Exemption 12—Privacy of an Individual, as the informa- 184435 Poisoning tion requested refers to the medical cases of the indivi- duals concerned Ministerial Accountability and Parliamentary Questions: Evidence Ev 189
11 October 2004 Agricultural Wages Exemption under The Agricultural Wages Act 1948. 189919 The Agricultural Wages Act 1948 establishes the Agri- cultural Wages Board as a completely independent body. The Act goes on to give the Board responsibility for set- ting minimum rates of pay for agricultural workers. The Act gives Ministers no powers or authority in this respect. The role of Ministers is confined to enforcing the Wages Order Board. In view of this it is not appropriate for Ministers to comment on Board determinations as it could be seen as compromising the Board’s indepen- dence. 15 October 2004 Foot and Mouth Exemption 1—information whose disclosure would harm 191745 Vaccine national security . The information could be used by bio- terrorists to introduce FMD virus for which the UK does not hold supplies of antigens/vaccines. 1 November 2004 Warm Front Exemption 7- EVective management and operations of 192301, 192302 the public service- negotiations or the eVective conduct of & 192303 personnel management, commercial or contractual acti- vities. 15 November 2004 Bovine TB: gamma Exemption 2—Internal discussion and advice: projec- 194284 interferon test tions and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options. Exemption 11—Research, statistics and analysis; Infor- mation held only for preparing statistics or carrying out research, or surveillance for health and safety purposes, and which relates to individuals, companies or products which will not be identified in reports of that research or surveillance, or published statistics.
Memorandum 9 Submitted by the Foreign and Commonwealth OYce The Permanent Under Secretary, Sir Michael Jay, has asked me to reply to Clive Porro’s letter of 3 February. I enclose our return for those parliamentary question answers for which we failed to provide a reference to the Code or a reason for withholding the information. I also attach a copy of the FCO’s formal instructions on answering parliamentary questions. 4 March 2005
Date Question number Code Exemption
05 Jan 04 145279 Exemption 1(a) & 1(b) 19 Jan 04 146960 Exemption 13 12 Feb 04 154279 Not within the scope of the COP para 6 part 1 26 Feb 04 156196 Not within the scope of the COP para 6 part 1 26 Feb 04 156479 Not within the scope of the COP para 6 part 1 01 Mar 04 157402 Not within the scope of the COP para 6 part 1 01 Mar 04 157403 Not within the scope of the COP para 6 part 1 01 Mar 04 157404 Not within the scope of the COP para 6 part 1 10 Feb 04 152311 Exemption 1(c) 04 Oct 04 189288 Exemption 1(c) 02 Mar 04 157432 Exemption 1(b) & 4(F) 20 Apr 04 169156 Exemption 1(c) 22 Jul 04 185190 Exemption 12 13 Sept 04 187715 Not within the scope of the COP para 6 part 1 17 Nov 04 194874 Exemption 1(a) 04 Dec 04 142970 Exemption 8 (b) Ev 190 Ministerial Accountability and Parliamentary Questions: Evidence
04 Dec 03 140936 Exemption 12 10 Dec 03 141108 Exemption 4(a) 03 Feb 04 151390 Exemption 4(a) 11 Dec 03 143035 Not within the scope of the COP para 6 part 1 26 Jan 04 150528 Exemption 1(a) 02 Mar 04 157864 Not within the scope of the COP para 6 part 1 26 Oct 04 193025 Not within the scope of the COP para 6 part 1 17 Dec 03 143493 Exemption 1(b) 06 Feb 04 152854 Exemption 13 09 Sept 04 187612 Exemption 1(b) 13 May 04 172117 Exemption 15(a) 20 May 04 173548 & 173549 Exemption 5 20 May 04 173550 Exemption 5 26 May 04 165265 Exemption 1(c) 26 May 04 175566 Exemption 4a 08 Jun 04 177073 Not within the scope of the COP para 6 part 1 22 Jul 04 185477 Exemption 1(b) 07 Sept 04 186884 Exemption 3 07 Sept 04 186903 Exemption 3 07 Sept 04 186893 Exemption 3 14 Sept 04 188052 Exemption 4(b)
Memorandum 10
Submitted by the Department of Health Thank you for your letter of 3 February about the Department’s blocked questions in the 2003–04 session. Our response on each of these is in the attached table. 8 March 2005
HEALTH
No. Date Subject Comment qno. Col. DH Comment
1 17.12.03 GM Food Government can not publish 144699 994W Exemption 15 information on applications for applies, but authorisations for novel foods (Bt11 the citation sweet maize); matter for European was Commission to publish summary of unfortunately application and the assessment of it. omitted. 2 05.01.04 Patients Contracts under which not-for-profit 144809 203W Exemption 13 Forums voluntary sector organisations applies, but provide support services for patients’ the citation forums commercially confidential. was unfortunately omitted. 3 12.01.04 NHS Value of properties to be sold as part 145007 616W Exemption Property of Inventures/NHS Estates property 7(a) applies, sale is commercially confidential. but the citation was unfortunately omitted. 26.02.04 NHS Estimated value of Saxon Square 155493 556W Exemption Property Health Centre, Christchurch is 7(a) applies, commercially confidential. but the citation was unfortunately omitted. Ministerial Accountability and Parliamentary Questions: Evidence Ev 191
4 14.01.04 Leak Practice not to comment on the 146942 804W The correct inquiries outcomes of leak inquiries so as to exemptions safeguard security and investigative were cited. arrangements. (Exemptions 1(a) and 7(b) of Code of Practice) 5 28.01.04 Hospital Minister can not disclose 144879 400W Exemption 12 admission information about the delay in applies, but admission of an individual patient the citation without breeching patient was confidentiality. unfortunately omitted. 6 12.03.04 Variant Information on payments to family 157406 1828W Exemption 12 CJD of CJD suVerer to cover costs applies, but incurred undergoing experimental the citation treatment in US withheld on was grounds of patient confidentiality. unfortunately omitted. 7 28.04.04 Mifegyne Any information that may enable 167257 1091W Exemption 12 any aVected patient to be identified applies, but can not be released. (reference to the citation Code of Practice) was unfortunately omitted. 8 29.04.04 Green Established practice not to disclose 165443 1223W The correct Ministers information relating to proceedings exemption of Cabinet Committees. (Exemption was cited. 2 of Code of Practice) 15.11.04 Green Reiterated. (Exemption 2 of Code of 190855 1162W The correct Ministers Practice) exemption was cited. 9 11.05.04 Barnet and Unaudited information on in-year 169782 305W Exemptions 2 Chase financial forecasts is not disclosed. and 11 apply, Farm NHS (Exemption 2 of Code of Practice) but the Trust citations were unfortunately omitted. 10 07.06.04 Treatment For security reasons, stocks of 174366 171W Exemption for Prussian Blue for treatment for 1(a) applies, exposure to exposure to radioactive and other but the radioactive materials are not disclosed. citation was materials: unfortunately Prussian omitted. Blue 16.07.04 Treatment Details of the Department’s stocks 183974 1350W Exemption for of strategic materials for treating 1(a) applies, exposure to those exposed to radioactive but the radioactive materials in the event of a terrorist citation was materials attack not disclosed for security unfortunately reasons. omitted. 11 08.06.04 Negligence Detailed information about claims 177471 362W Exemption 4 claims: Dr submitted for compensation in applies, but Andrew relation to treatment by Dr Holton the citation Holton is confidential was unfortunately omitted. 08.06.04 Negligence Not appropriate for Ministers to 177473 362W Exemptions 4 claims: Dr comment on conduct of GMC and 14 apply, Andrew investigations or the evidence but the Holton provided by individual citations were practitioners. unfortunately omitted. 12 10.06.04 Human Identities of peer reviewers of 175899 542W Exemption Fertilisation individual research applications is 14(b) applies, and confidential to HFEA, so as to allow but the Embryology free exchange of views. citation was Authority unfortunately omitted. Ev 192 Ministerial Accountability and Parliamentary Questions: Evidence
13 01.09.04 Insulin Department’s contracts with 184405 906W The correct companies that supply insulin are exemption commercially confidential. was cited. (Exemption 13 of Code of Practice) 14 14.09.04 Gateway Recommendations of Gateway 187890 1503W Exemptions review: reviews are confidential. 14(a) and 14 NHS IT (b) apply, but the citations were unfortunately omitted. 15 15.09.04 NHS and Figures collected by SHAs on the 188047 1649W Exemptions 2 Primary financial positions of NHS and and 11 apply, Care Trusts Primary Care Trusts covered by but the (Funding) Code of Practice. citations were unfortunately omitted. 16 04.10.04 Patient and Commission for Patient and Public 188240 1994W The correct Public Involvement in Health can not exemption Health reveal levels of individual contracts was cited. Forums with forums for reasons of commercial confidentiality. (Exemption 13 of Code of Practice) 17 03.11.04 Medicines Department can not make public 193088 323W Exemption and copies of Agency’s reports on 15(a) applies, Healthcare adverse incidents involving the St but the Products Jude Silzone heart valve due to citation was Regulatory statutory obligations under the unfortunately Agency terms of the European Medical omitted. Devices Directives and because the reports contain individual patient information. 18 17.11.04 Skipton Correspondence with Scottish 193655 1693W The correct Fund Executive on the establishment of exemption the Skipton Fund withheld. was cited. (Exemption 2 of Code of Practice) 19 18.11.04 Wanless Disclosure of correspondence with 187176 1994W The correct Report the team responsible for the Wanless exemption Report would harm frankness and was cited. candour of internal discussion between Department and Review teams. (Exemption 2 of Code of Practice)
Memorandum 11 Submitted by the Home OYce
I am writing with reference to your letter to Sir John Gieve, of 3 February 2005. Please find attached at annex 1, the Home OYce response to The Public Administration Committee request for clarification of Parliamentary answers in accordance with the Code of Practice on Access to Government information. 8 March 2005
5.01.04 Young OVenders (Correspondence) 144362 Minister can not place private correspondence from Amnesty International in the Library without consent of the originator. Exemption 14 (Information given in confidence).
21.01.04 Security at Biodefence research institutions 147541 Minister can not comment on detailed security matters. Exemption 1(a) (Defence, Security and International matters—Information whose disclosure would harm national security or defence). Ministerial Accountability and Parliamentary Questions: Evidence Ev 193
26.01.04 Prisons 147433 Department’s investment case for closing smaller prisons and building larger ones will not be published. Exemption 2(b) (Internal discussion and advice—Internal opinion, advice, recommendation, consultation and deliberation). 25.02.04 Prisons: sites for new prisons 153985 Details of individual sites being surveyed for new prison builds is commercially confidential. Exemption 13 (Third Party’s commercial confidences) 11.03.04 Prisons: sites for new prisons 159279 Reiterated. Exemption 13 (Third Party’s commercial confidences) 15.11.04 Prisons: sites for new prisons 193474 Reiterated. Exemption 13 (Third Party’s commercial confidences) 26.02.04 Prisons 155065 Request to chief executive of the National OVender Management Service to report on operation of open prisons constitutes advice from oYcials. Would not be appropriate to publish the advice. Exemption 2(b) (Internal discussion and advice—Internal opinion, advice, recommendation, consultation and deliberation) 19.04.04 Prisons: Maxine Carr 155865 Not Prison Service policy to comment on individual prisoners. Exemption 12 (Privacy of an individual) 15.11.04 Prisons: HMP Prescoed 192865 Not Prison Service policy to comment on individual prisoners. Exemption 12 (Privacy of an individual) 5.02.04 Personal Security 152192 Not policy to comment on details of protection arrangements for individuals. Exemption 12 (Privacy of an individual) 11.02.04 Personal Security 153073 and 153074 Reiterated. Exemption 12 (Privacy of an individual) 7.06.04 Personal Security 176352 Reiterated. Exemption 12 (Privacy of an individual) 27.10.04 Personal Security 190428 Established practice not to reveal details of costs of protection arrangements, as to do so would give an idea of levels of protection and compromise an individual’s security. Exemption 12 (Privacy of an individual) 6.02.04 National Security 152371 and 152374 Not appropriate to announce changes in the level of the alert state system beyond the sectors involved for reasons of security. Exemption 1 (a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 6.02.04 National Security 152373 Not appropriate to comment on detailed security measures. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 19.04.04 National Security: North Yorkshire 163557 Amounts of money allocated to individual police forces for counter terrorist activities and activities covered not released. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 30.04.04 National security 168046 Allocation of counter terrorist funding for individual police forces can not be released for security reasons. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 28.06.04 National security 179313 Not appropriate to comment on specific levels of funding to Avon and Somerset Constabulary for policing Bristol Airport. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) Ev 194 Ministerial Accountability and Parliamentary Questions: Evidence
11.11.04 National security 191317 Not appropriate to comment on levels of funding allocated to individual police forces for policing of independent airports. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 28.06.04 National security 177171 Not appropriate to publish advice provided by National Co-ordinator for Ports Policing on deployment of oYcers at ports. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 27.10.04 National security 190860 Not appropriate to comment on specific department’s spending on national security and resilience programmes. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 1.11.04 National security 192534 Not appropriate to comment on allocations of counter-terrorism funding to individual police forces. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 17.11.04 National security 195298 Reiterated. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 9.11.04 National security 194326 Not appropriate to comment on threat and risk assessments of diVerent scenarios as such information could be useful to terrorists. Exemption 1(a) Defence,Security and International matters—Information whose disclosure would harm national security or defence) 10.02.04 Cannabis 153950 Prices quoted by advertising agencies bidding for campaign to reiterate illegality of cannabis commercial in confidence. Exemption 13 (Third Party’s commercial confidences) 2.03.04 Security Services: Arabic speakers 156638 For operational reasons it would be inappropriate to comment on numbers of Arabic speakers in security services. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 9.03.04 Bonny Island plant 158312 Requests for assistance from foreign governments in criminal matters are treated as confidential. Unable to confirm or deny whether requests have been received. Exemption 4(b) Law enforcement and legal proceedings 15.03.04 Extradition 160247 Not policy to list names of those who are or have been subject to extradition proceedings. Exemption 12 (Privacy of an Individual) 6.05.04 Extradition 167172 Policy not to confirm or deny whether any extradition requests for certain individuals have been made. Exemption 12 (Privacy of an Individual) 15.03.04 Photographic images of travellers 157698 Information on where photographic images of travellers taken at Dover Docks are stored can not be disclosed for reasons of operational security. Exemption 7 (d) EVective management and operations of the public service 16.03.04 Identity Cards 160452 Cost assumptions and estimates used in preparation of business case for identity cards are commercially confidential. Exemption 13 (Third Party’s commercial confidences) 17.05.04 Identity Cards: Gateway Reviews 169814 Gateway Reviews of the Identity Cards Programme will not be published. Exemption 2(d) )Internal discussion and advice—confidential communication between departments, public bodies and regulatory bodies) Ministerial Accountability and Parliamentary Questions: Evidence Ev 195
18.03.04 Asylum: accommodation costs 161204 Information relating to accommodation costs is commercially confidential. Exemption 13 (Third Party’s commercial confidences) 21.07.04 Asylum: National Asylum Support Service 182000 Details of properties and costs of accommodation contracted to NASS can not be disclosed as it is commercial in confidence. Exemption 13 (Third Party’s commercial confidences) 30.03.04 Police: mopeds 163333 Cost of the order for mopeds procured by Metropolitan Police is commercially confidential. Exemption 13 (Third Party’s commercial confidences) 7.06.04 Police: response times 176044 Improper to release North Yorkshire police response time for Catterick Garrison for security reasons. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 1.07.04 Police: intelligence database 181453 Arrangements to prevent or detect unauthorised access to police national intelligence database withheld for security reasons. Exemption 4 (Law enforcement and legal proceedings) 1.07.04 Police: police national computer 181166 Reiterated. Exemption 4 (Law enforcement and legal proceedings) 19.04.04 Bombing of Israeli Embassy and Balfour House 160928 and 160930 Certain information relating to the forensic evidence obtained following bombing was not disclosed at trial and can not be released as it is covered by Public Interest Immunity Certificates. Exemption 1(b) (Defence,Security and International matters—Information whose disclosure would harm the conduct of international relations or aVairs) 19.04.04 Bail Hostels (Peterborough) 165189 No personal details about current or past residents can be released. Exemption 12 (Privacy of an individual) 22.04.04 Proscribed organisations 165905 Not policy to comment on whether a particular organisation is being considered for proscription or de-proscription. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 16.09.04 Proscribed organisations 187550 Reiterated. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 17.11.04 Proscribed organisations 197621 Reiterated. Exemption 1(a) (Privacy of an individual) 17.11.04 Proscribed organisations 197598 Reiterated. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 29.04.04 Naturalisation 166126 Negotiations on Home OYce spending review settlement are confidential. Exemption 2(c) (Internal discussion and advice—projections and assumptions relating to internal policy analysis) 29.04.04 Immigration 166042 Not policy to publish details of individual’s immigration status. Exemption 12 (Privacy of an individual) 24.05.04 Immigration removal 172795 Information held by Immigration and Nationality Directorate relating to individuals is confidential. Exemption 12 (Privacy of an individual) 10.06.04 Immigration 175572 Information relating to immigration status of an individual is confidential. Exemption 12 (Privacy of an individual) Ev 196 Ministerial Accountability and Parliamentary Questions: Evidence
18.10.04 Immigration 190241 Can not comment on individual cases. Exemption 12 (Privacy of an individual) 26.10.05 Green Ministers 190873 Reiterated. Exemption 2 (Internal discussion and advice) 26.05.04 Gas cartridge weapons 175482 Not appropriate to place advice on feasibility of converting gas cartridge weapons to use conventional ammunition in the Library as this would make details of methods used more widely available. Exemption 4(e) Law enforcement and legal proceedings—Information whose disclosure would harm public safety or order) 10.06.04 Operation Cyclamen 174612 Not in public interest to specify number of UK airports and border points at which Operation Cyclamen is being implemented. Exemption 1(a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 24.06.04 Advisory Council on Misuse of Drugs 179235 and 179238 Minutes and agendas of ACMD (and of its Statistics, Information and Research and Technical Committees) are not public documents. Exemption 2(d) (Internal discussion and advice—confidential communications between departments, public bodies, and regulatory bodies) 9.09.04 Witness Protection Schemes 184959 and 184960 Not appropriate to make available any information below national level relating to deployment of police oYcers on witness protection schemes. Such information would be operationally sensitive. Exemption 7 (d) (eVective management and operations of the public service) 4.10.04 Witness Protection Schemes 184962 Reiterated. Exemption 7 (d) (eVective management and operations of the public service) 15.09.04 Departmental Properties 187338 Addresses of Home OYce properties not disclosed for security reasons. Exemption 1 (a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 4.10.04 Lobster Liberation Front 187483 Minister can not comment on individual case involving alleged attack on Lander family in Swanage. Exemption 12 (Privacy of an individual) 4.10.04 Imutran 187050 Changes to project licence to Imutran for xenotransplantation research are commercially confidential. Exemption 13 (Third party’s commercial confidences) 11.10.04 Volunteering 186687 Home OYce research into TimeBank and Do-it was commissioned for internal Home OYce use and will not be published in full as it contains commercially sensitive material. Exemption 13 (Third party’s commercial confidences) 13.10.04 Forensic Science Service 188474 Outline business case for the future work of the Service will not be published on the grounds of commercial confidentiality. Exemption 13 (Third party’s commercial confidences) 25.10.04 Emergency planning 192186 Operational details of Operation Sassoon not disclosed. This question was answered by the OYce of the deputy Prime Minister on 25 October 2004. 3.11.04 Indymedia 193709 Not able to discuss seizure of web servers in detail. Exemption 1 (c) (Defence,Security and International matters—Information received in confidence from foreign governments) 11.11.04 Corruption 194718 Can not comment on individual reports so as not to prejudice criminal investigations. Exemption 4 (a) (Law enforcement and legal proceedings) Ministerial Accountability and Parliamentary Questions: Evidence Ev 197
16.11.04 Corruption 196427 Letters of request for assistance in criminal matters from foreign governments are confidential. Exemption 1 (c) (Defence,Security and International matters—Information received in confidence from foreign governments) 11.11.04 Wildlife Crime 195352 National Wildlife Crime Intelligence Unit of NCIS assessment of wildlife crime contains operational and intelligence information that can not be published. Exemption 1 (a) (Defence,Security and International matters—Information whose disclosure would harm national security or defence) 15.11.04 National OVender Management Service 197170 and 197171 Risk assessments carried out as part of the risk management strategy for the establishment of the NOMS are not published. Exemption 2 (b) Internal discussions and advice 17.11.04 Senior Investigating OYcers’ Handbook 197434 Handbook for the Investigation of Historical Institutional Child Abuse is an internal police document and will not be placed in the Library. Exemption 2 (b) Internal discussions and advice
Memorandum 12 Submitted by the Department for International Development Thank you for your letter of 3 February seeking further information about why certain information was withheld in answer to some PQs in the last Parliamentary Session. I attach a schedule providing more detail, where appropriate, why the Secretary of State decided to withhold certain information. It refers to exemptions in the Code of Access to Government Information and follows the format of the return used previously. Some of the questions refer to Actis, a private company in which HMG is a minority shareholder and which is not subject to the Code of Practice. I have not referred to any cases where the PQ cited already refers to the relevant exemption in the Code of Practice on Access to Government Information. 11 February 2005
15.12.03 Subject: Personnel-salaries to gender advisers UIN 141826, 141830 Reason: Exemption 12-privacy of an individual 5.01.04 Subject: Personnel-salaries paid to individual consultants and contractors UIN 145280 Reason: Exemption 12-privacy of an individual 4.03.04 Subject: UN bugging allegations UIN 158400 Reason: Exemption 1a-information whose disclosure would harm national security or defence 25.03.04 Subject: CDC-oYce space costs UIN 157827 Reason: Exemption 13-Third party’s commercial confidences 16.09.04 Subject: CDC/Actis-investment reviews UIN 188969 Reason: Exemption 13-Third party’s commercial confidences 4.10.04 Subject: CDC/Actis-internal aVairs UIN 189059, 189066 Reason: Exemption 14b-Information given in confidence 15.10.05 Subject: CDC/Actis-investments by non-CDC third party investors UIN 190516, 190517 Reason: Exemption 13-Third party’s commercial confidences 26.10.04 Subject: CDC/Actis-risk levels of investments UIN 192808 Reason: Exemption 13-Third party’s commercial confidences Ev 198 Ministerial Accountability and Parliamentary Questions: Evidence
2.11.04 Subject: CDC/Actis-investments in China UIN 193320, 193321 Reason: Exemption 13-Third party’s commercial confidences
Memorandum 13 Submitted by the Law OYcers’ Department I am writing in reply to Clive Porro’s letter of 3 February seeking further information about why certain information was withheld in answer to some PQs in the last Parliamentary session. I apologise again for having missed your deadline of 4 March. Mr Porro’s letter refers to the Code of Practice on Access to Government Information and asks for further information on why the department withheld information for ‘each Answer which does not make reference to the Code’. The following Answers included in the list provided by the Table OYce make clear reference to the Code and so have not been included in the schedule below: 144484, 155100, 156108, 156250, 189117, 164241, and 168729. The remaining questions: 186192, 155015, 158311, 159190, 146574, and 197172 are explained as follows:
Subject: Law OYcers’ Advice PQ Number: 186192 (07/09/04) Reason: Exemptions 2 (d) Internal discussion and advice; and 4 (d) Information covered by legal professional privilege. The question asks for the publication of the Attorney General’s account to the Butler Committee of his legal advice on the use of force against Iraq. Both the answer and the Butler Report make clear that the Attorney’s account to the committee was given in confidence without intending to waive legal professional privilege. Subject: Guantanamo Bay detainees PQ Number: 155015 (26/02/04) Reason: Exemption 1 (b) and (c) Defence, security and international relations. The question asks for details of representations received from the US government in respect of the British Guantanamo Bay detainees. This information is exempt as it was received in confidence from a foreign government and its disclosure would harm the conduct of international relations with that State. Subject: Serious Fraud OYce: Bonny Island PQ Number: 158311 (08/03/04) Reason: Exemptions 4 (b) and (c) Law enforcement and legal proceedings. The question asks for confirmation that a number of overseas investigation authorities have sought the assistance of the Serious Fraud OYce in investigating criminal allegations. Confirmation that such assistance had been sought risked confirming to potential suspects that they may be the subject of investigation, thus potentially jeopardising the investigation. Further, assistance provided to overseas investigators under international conventions is provided on the undertaking that the assistance will be kept confidential until confidentiality is either waived or the information obtained is served as evidence. Subject: Katharine Gun case PQ Number: 159190 (17/03/04) Reason: Exemptions 4 (c) and (d) Law enforcement and legal proceedings. It is understood that the documents requested in the Question were Counsel’s opinion which is subject to legal professional privilege. Subject: Operation Antler PQ Number: 146574 (07/06/04) Reason: Exemptions 4 (c) Law enforcement and legal proceedings, and 12(a) Privacy of an individual The correspondence requested in the Question is private correspondence between the Crown Prosecution Service and individual members of the public. It also contains information relating to investigations and legal proceedings. Subject: Corruption PQ Number: 197172 (15/11/04) Reason: Exemption 4(b) and 1(c) Law enforcement and legal proceedings. This question seeks very similar information to that above in 158311 and the same exemptions apply equally. I hope the above explanations are adequate for the Committee. Please do not hesitate to contact me if you require any further clarification. 7 March 2005 Ministerial Accountability and Parliamentary Questions: Evidence Ev 199
Memorandum 14 Submitted by the Northern Ireland OYce I refer to Clive Porro’s letter to me of 10 March 2004 in which he asks for a fuller explanation as to why it was necessary to withhold information in answering particular Parliamentary Questions during the 2003- 2004 Session. I attach a list in the form requested. I have noted your point that PQ answers should cite how a refusal relates to the Code of Practice on Access to Government Information and have instructed that this be adhered to in the future. 14 February 2005 No. Date Subject Comment qno. Col.
1 8.01.04 Security Inappropriate to comment on cost of transporting DG 146176 469W and Director Operations of NI Prison Service in armoured vehicles. Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes. 2 25.02.04 Security Details of methods of transport used by Secretary of 155168 479W State in course of oYcial duties can not be disclosed for security reasons. Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes. 3 23.02.04 Sinn Fein/ Government does not comment on intelligence matters; 154664 172W IRA can not comment on how Sinn Fein and IRA were linked. Exemption 4B-Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of oVenders; and Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes. 4 9.02.04 Speed Limits Not appropriate to disclose tolerance thresholds 152847 1164W permitted for drivers found to be exceeding the speed limit by speed cameras and other devices as this may encourage drivers to drive at this speed. Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes. 5 2.03.04 Ceasefire Government does not comment on specific intelligence 156669 836W matters; can not comment on whether breaches of ceasefire had been committed by paramilitary groups. Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes. 6 8.03.04 Ceasefire: Government does not comment on specific intelligence 156631 1308W paramilitary matters; can not comment on involvement of activities paramilitary groups in criminal activities. Exemption 4F-Information withheld on grounds that disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes vehicles. Ev 200 Ministerial Accountability and Parliamentary Questions: Evidence
7 12.03.04 British Inappropriate to disclose details of amounts paid to BA 160220 1752W Airways (under selective financial assistance) for the setting up of (call centres) a call-centre in Northern Ireland on grounds of commercial confidentiality. Exemption 13-Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party. 8 19.04.04 Civil Service Not practice to discuss internal processes behind pay 164493 279W pay negotiations. Exemption 2-Information whose disclosure would harm the frankness and candour of internal discussion, including: — proceedings of Cabinet and Cabinet committees; — internal opinion, advice, recommendation, consultation and deliberation; — projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options; — confidential communications between departments, public bodies and regulatory bodies. 9 8.06.04 Proscribed Reiterated. 176968 343W terrorist Exemption 4A—Information whose disclosure could organisations prejudice the administration of justice (including fair trial), legal proceedings or the proceedings of any tribunal (whether actual or likely) or whose disclosure is, has been, or is likely to be addressed in the context of such proceedings. 10 15.06.04 Northern NIHEC’s advice to the Department is provided on a 177737 889W Ireland confidential basis. Higher Exemption 2—Information whose disclosure would Education harm the frankness and candour of internal discussion, Council including: — proceedings of Cabinet and Cabinet committees; — internal opinion, advice, recommendation, consultation and deliberation; — projections and assumptions relating to internal policy analysis; analysis of alternative policy options and information relating to rejected policy options; — confidential communications between departments, public bodies and regulatory bodies. 11 8.09.04 Consultants Disclosure of values of individual contracts with 180990 1309W contracts consultancies would breach conditions of contract. Exemption 13—Information including commercial confidences, trade secrets or intellectual property whose unwarranted disclosure would harm the competitive position of a third party. 12 4.11.04 Belfast and Suspensions of oYcers from the Education and Library 195915 411W South Boards are precautionary measures; inappropriate to Eastern comment on the details of each case. Education Exemption 12—Unwarranted disclosure to a third party and Library of personal information about any person (including a Boards deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. 13 16.11.04 Rivers Information on religious composition of technical staV 198510 1367W Agency in Western Regional OYce of the Agency can not be provided; confidentiality of monitoring information governed by statutory requirements and Code of Practice agreed with unions. Exemption 12—Unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion of privacy. Ministerial Accountability and Parliamentary Questions: Evidence Ev 201
14 18.11.04 Surveillance Not policy to comment on intelligence matters. Exemption 4B—Information whose disclosure could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of oVenders; and Exemption 4F—Information withheld on grounds that 199105 1774W disclosure could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement or security purposes vehicles.
Memorandum 15 Submitted by the Prime Minister’s OYce Thank you for your letter of 3 February seeking further information about why certain information was withheld in answer to some PQs in the 2003-04 Parliamentary session. Below is a schedule, providing more detail, where appropriate, on the reasons why the Prime Minister decided to withhold certain information. 3 March 2005
18.12.03 Subject: OYcial Meetings (145214) Reason: Code cited. 18.12.03 Subject: Relations with foreign Heads of State and governments (145195) Reason: Code cited. 12.01.04 Subject: Relations with foreign Heads of State and governments (147081) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 02.02.04 Subject: Relations with foreign Heads of State and governments (150762) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 09.02.04 Subject: Relations with foreign Heads of State and governments (154081) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 11.03.04 Subject: Relations with foreign Heads of State and governments (160600) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 26.04.04 Subject: Relations with foreign Heads of State and governments (168775) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 02.05.04 Subject: Relations with foreign Heads of State and governments (170998) Reason: Code cited. 04.05.04 Subject: Relations with foreign Heads of State and governments (170575/76) Reason: Code cited. 21.06.04 Subject: Relations with foreign Heads of State and governments (179699) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 19.07.04 Subject: Relations with foreign Heads of State and governments (184366) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. Ev 202 Ministerial Accountability and Parliamentary Questions: Evidence
19.07.04 Subject: Relations with foreign Heads of State and governments (184826) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 14.10.04 Subject: Relations with foreign Heads of State and governments (190763) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 08.11.04 Subject: Relations with foreign Heads of State and governments (195893) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 10.11.04 Subject: Relations with foreign Heads of State and governments (197652) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 10.11.04 Subject: Relations with foreign Heads of State and governments (196774) Reason: Exemption 1 (b) information whose disclosure would harm the conduct of international relations or aVairs. 12.01.04 Subject: Iraq Survey Group (146580) Reason: Code Cited. 02.02.04 Subject: Iraq Survey Group (152674) Reason: Code cited. 09.02.04 Subject: Iraq Survey Group (153081) Reason: As set out in the answer the report of the Iraq Survey Group is not the responsibility of the Prime Minister’s OYce. 15.01.04 Subject: Leak inquiries (148399) Reason: Exemption 7(b)—Information relating to leak investigations and the action taken in each case is withheld on the grounds that it could harm the eYcient conduct and operations of individual Departments. 19.01.04 Subject: Government performance audit (148808) Reason: Code cited. 19.01.04 Subject: Thames Gateway (148200/02) Reason: Code cited. 21.01.04 Subject: Exchange of Intelligence reports (149538) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. 02.02.04 Subject: Cabinet Committees (151971) Reason: Code cited. 25.10.04 Subject: Cabinet (193713) Reason: Code cited. 03.02.04 Subject: Intelligence material: SIS briefing (152319) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. 10.02.04 Subject: Intelligence material: September 2002 dossier (152532/153918) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. 09.03.04 Subject: Intelligence material: activities at UN (158523) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. Ministerial Accountability and Parliamentary Questions: Evidence Ev 203
26.04.04 Subject: Intelligence material (168617) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. 23.06.04 Subject: Intelligence material (179891) Reason: The security and Intelligence services are not within the scope of the code, nor is the information obtained from or relating to them—part 1, paragraph 6. 09.02.04 Subject: Prime Minister’s Meetings: water pricing (152971) Reason: Code cited. 22.03.04 Subject: Prime Minister’s Meetings: BNFL/ Enron (162880) Reason: Exemption 2—Information whose disclosure would harm the frankness and candour of internal discussions. 22.04.04 Subject: Prime Minister’s Meetings: London Mayor (168001) Reason: Code cited. 26.04.04 Subject: Prime Minister’s Meetings: environmental groups (167801) Reason: Exemption 2—Information whose disclosure would harm the frankness and candour of internal discussions. 12.05.04 Subject: Prime Minister’s Meetings: GEC (173001) Reason: Code cited. 14.05.04 Subject: Prime Minister’s Meetings: regulatory (173261) Reason: Code cited. 25.05.04 Subject: Prime Minister’s Meetings: GEC (174254/56 and 174311/13/15) Reason: Code cited. 25.05.04 Subject: Prime Minister’s Meetings: GEC (174255/58/61) Reason: Code cited. 07.06.04 Subject: Prime Minister’s Meetings: hunting with dogs (177141) Reason: Code cited. 14.06.04 Subject: Prime Minister’s Meetings: Panel for regulatory Accountability (178837) Reason: Code cited. 15.07.04 Subject: Prime Minister’s Meetings: Cabinet colleagues (184122) Reason: Code cited. 15.07.04 Subject: Prime Minister’s Meetings: US lobby for construction of nuclear plants (184393) Reason: Code cited. 22.07.04 Subject: Prime Minister’s Meetings: United Healthcare (186144) Reason: Code cited. 13.09.04 Subject: Prime Minister’s Meetings: national newspapers (188179) Reason: Code cited. 14.10.04 Subject: Prime Minister’s Meetings: church representatives (190908) Reason: Code cited. 28.10.04 Subject: Ministerial meetings: changes to gambling law (193895/96, 193762, 194517, 194321) Reason: Code cited. 23.02.04 Subject: Security (155431) Reason: Do not comment on security matters. Ev 204 Ministerial Accountability and Parliamentary Questions: Evidence
15.10.04 Subject: Security (191184) Reason: Do not comment on security matters. 26.10.04 Subject: Security: Prime Minister’s wife (194019) Reason: Do not comment on security matters. 25.02.04 Subject: Opinion polls: MOD (153466) Reason: This PQ was answered by the MOD. 09.03.04 Subject: Law OYcers’ Advice (159588) Reason: Code cited. 09.03.04 Subject: Law OYcers’ Advice (159937) Reason: Code cited. 22.03.04 Subject: Law OYcers’ Advice: advice of other legal advisers (161703) Reason: Exemption 4(d)—information covered by legal professional privilege. 15.03.04 Subject: StaV salaries (161236) Reason: Code cited. 29.04.04 Subject: Immigration summit (169884) Reason: Code cited.
14.06.04 Subject: Royal Bounty Fund and Royal Charity Fund (177658) Reason: Code cited. 28.06.04 Subject: Lord Birt and Lord Levy (180557) Reason: Code cited. 21.07.04 Subject: Lord Birt (182247) Reason: Code cited. 08.09.04 Subject: Freedom of Information (186606/07) Reason: Code cited. 14.10.04 Subject: Iraq (190986) Reason: A substantive answer was given to this PQ.
Memorandum 16 Submitted by the Department of Trade and Industry Your letter of 3 February enclosed the list compiled by the Table OYce of Parliamentary Questions that Ministers are considered to have refused to answer in Session 2003-04. As requested we have prepared a note providing more details as to why information was withheld and in each ease we have quoted how the refusal relates to the relevant exemption under the Code of Practice on Access to Government Information. However, as noted in your letter, we have excluded those PQs where an exemption was cited in the original answer. 1 March 2005
Subject: Representations Received on home accidents surveillance system (141574) Date: 3 December 2003 Reason: The information provided was in confidence and therefore Exemption 14(a) Information given in confidence, with the person not consenting to its disclosure Subject: Minutes of meetings with members of accountancy profession regarding auditors’ liabilities not to be published (140946) Date: 8 December 2003 Reason: The information provided was in confidence and therefore Exemption 14(b) Information given in confidence, whose disclosure would prejudice the future supply of such information. Ministerial Accountability and Parliamentary Questions: Evidence Ev 205
Subject: Meetings: large combustion plant directive (175585 and 175586) Date: 10 June 2004 Reason: Although the answer cited the Code of Practice, as the questions referred to details of meetings with DEFRA, it should have specifically referred to Exemption 2—Internal advice and discussion, confidential communications between departments. Subject: Regional Selective Assistance (147795) Date: 15 January 2004 Reason: Detailed information of individual grants are commercially sensitive and therefore comes within Exemption 13—commercial confidences whose unwarranted disclosure would harm the competitive position of a third party. Subject: UN Panel of Experts (146414) Date: 13 January 2004 Reason: The information requested cannot be provided under Exemption 15(a) information whose disclosure is prohibited by or under any enactment, regulation, European Community law or international agreement Subject: ECGD (144807 and 192385) Date: 13 January 2004 Reason: Exemption 7—information whose disclosure would harm the proper and eYcient conduct if the operations of a department or other public body. Subject: Post OYce Closures (14942) Date: 22 January 2004 Reason: The subject of this question relates to the day to day responsibilities of the Post OYce as a company and as such the Government has no involvement. Subject: Windfarms (149678, 147518, 165517) Date: 22 January, 29 January and 6 April 2004 Reason: Details of the output of individual windfarms are commercial confidential and as such time come within Exemption 13—commercial confidences whose unwarranted disclosure would harm the competitive position of a third party. Subject: Personnel (148987) Date: 26 January 2004 Reason: Personnel records that enable individuals to be identified are not divulged under Exemption 8a Personnel records Subject: Security threats to national power stations (151257) Date: 28 January 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate. Subject: Bribery and corruption (151517) Date: 4 February 2004 Reason: Exemption 4A is appropriate—Information whose disclosure could prejudice the administration of justice etc. Subject: Nuclear power: transport of nuclear material (security) (150523, 150524, 190096,166037) Date: 29 January and 13 October 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate Subject: Nuclear power: BNFL waste processing (142132) Date: 11 February 2004 Reason: The contract terms are commercially confidential, therefore Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party should be cited. Subject: Nuclear power: Eurotom safeguards (165162, 165164, 165174) Date: 6 April 2004 Reason: The information requested cannot be provided under Exemption 15(a) information whose disclosure is prohibited by or under any enactment, regulation, European Community law or international agreement Subject: Nuclear power: security at nuclear installations (166037) Date: 19 April 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate Subject: Nuclear power: security at research laboratories (171649) Date: 19 April 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate. Ev 206 Ministerial Accountability and Parliamentary Questions: Evidence
Subject: Nuclear power: security (173342) Date: 13 May 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate. Subject: Nuclear power: Sellafield (174005) Date: 2 June 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate Subject: Nuclear power: MOX plant profits Date: 8 November 2004 (196421 and 196459) Reason: Financial details of the operation are commercially confidential, therefore Exemption 13— third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party should becited. Subject: Nuclear power: security (184399) Date: 22 July 2004 Reason: Details of individual cases are not divulged under Exemption 8(a) Personnel Records, including those relating to recruitment, promotion and security vetting. Subject: Power cuts (154213) Date: 11 February 2004 Reason: As the answer states the Utilities Act restricts the disclosure of commercial information therefore the use of Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party is appropriate. Subject: T&N Ltd Administration (153912) Date: 23 February 2004 Reason: Exemption 4A—Information whose disclosure could prejudice the administration of justice etc. Subject: Military equipment exports (154593 and 154595) Date: 27 February 2004 Reason: Although reference is made to the Code of Practice, the specific exemption is Exemption 13— third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party. Subject: Business Link (157225) Date: 10 March 2004 Reason: Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party. Subject: Iraq contracts (159003) Date: 10 March 2004 Reason: Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party is appropriate. Subject: Miners compensation (159869) Date: 17 March 2004 Reason: Exemption 7—EVective management of the Public service, negotiations or the eVective conduct of personnel management, or commercial or contractual activities is appropriate Subject: Flexiclub (163227) Date: 25 March 2004 Reason: Exemption 4A is appropriate—Information whose disclosure could prejudice the administration of justice etc. Subject: Power stations Date: 26 March 2004 Reason: PQ transferred to DEFRA Subject: Companies Investigation Branch (165422) Date: 20 April 2004 Reason: Exemption 4A is appropriate—Information whose disclosure could prejudice the administration of justice etc. Subject: Post OYce (171800) Date: 10 May 2004 Reason: Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party is appropriate. Ministerial Accountability and Parliamentary Questions: Evidence Ev 207
Subject: Post OYce (172547) Date: 12 May 2004 Reason: Exemption 2—Internal discussion and advice, confidential communications between departments, public bodies and regulatory bodies, and Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party are appropriate. Subject: Post OYce identity theft (173054) Date: 20 May 2004 Reason: Exemption 4—Law enforcement, information whose disclosure could prejudice the enforcement or proper administration of the law is appropriate. Subject: Flue Gas desulphurised power stations (176439) Date: 2 June 2004 Reason: Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party is appropriate Subject: Green Ministers (185127) Date: 3 August 2004 Reason: This is covered by Exemption 2—Internal discussion and advice, proceedings of Cabinet and Cabinet committees Subject: Foreign Direct Investment (188993) Date: 16 September 2004 Reason: Individual returns are confidential under Exemption 11—Research, statistics and analysis— information held only for preparing statistics which relates to individuals companies or products which will not be identified. Subject: Shareholder Executive (192745) Date: 26 October 2004 Reason: Details of individual cases are not divulged under Exemption 8a Personnel Records, including those relating to recruitment, promotion and security vetting. Subject: BHG Group (195678, 195680 195682 & 195837) Date: 8 November 2004 Reason: Exemption 4A is appropriate—Information whose disclosure could prejudice the administration of justice etc. Subject: EU Committees (194352) Date: 8 November 2004 Reason: The information requested cannot be provided under Exemption 15 a) information whose disclosure is prohibited by or under any enactment, regulation, European Community law or international agreement Subject: Oil and Gas security (194224 & 195067) Date: 15 November 2004 Reason: Exemption 1a Defence, Security and International relations: information whose disclosure would harm national security or defence is appropriate Subject: Enron (195124) Date: 16 November 2004 Reason: Exemption 4A is appropriate—Information whose disclosure could prejudice the administration of justice etc. Subject: Bombardier Aerospace (198805 & 198806) Date: 17 November 2004 Reason: Exemption 13—third party commercial confidences whose unwarranted disclosure could harm the competitive position of a third party is appropriate
Memorandum 17 Submitted by the Department for Transport Thank you for your letter of 3 February 2005 regarding parliamentary questions which Ministers “refused” to answer during the 2003–04 parliamentary session. I enclose a table listing the questions you identified and an explanation why the information was not provided with references to the Code of Practice on Access to Government Information.
No Date Subject Reason qno Col 1 4.12.03 Security: Ships Exemption 1—information whose 140667 162W disclosure would harm national security or defence. Ev 208 Ministerial Accountability and Parliamentary Questions: Evidence
31.03.04 Security: ships and Exemption 1—information whose 163581 to 1408W containers disclosure would harm national security or 163583 defence. 27.04.04 Security: ships and The question was partially answered with 167637 892W containers some information withheld in accordance with exemption 1- information whose disclosure would harm national security or defence. 27.10.04 Security: ships The question was partially answered with 190684 1228W some information withheld in accordance and with exemption 1- information whose 190685 disclosure would harm national security or defence. 26.01.04 Security: Aviation Exemption 1—information whose 148432 34W disclosure would harm national security or and defence. 148468 4.03.04 Security: Aviation Exemption 1—information whose 157058 1131W disclosure would harm national security or defence. 19.05.04 Security: British Exemption 1—information whose 171903 997W Transport Police disclosure would harm national security or defence. 5.07.04 Security: ports Exemption 1—information whose 180888 481W disclosure would harm national security or defence. 22.07.04 Security: ports Exemption 1—information whose 185881 658W disclosure would harm national security or defence. 11.10.04 Security: ports Exemption 1—information whose 188431 6W disclosure would harm national security or defence. 1.11.04 Security: railway Exemption 1—information whose 194708 15W stations disclosure would harm national security or defence. 9.11.04 Security: railway Exemption 1—information whose 196308 575W tunnels and bridges disclosure would harm national security or defence. 2 8.01.04 Personnel Exemption 12—privacy of an individual. 145994 430W 9.03.04 Personnel: pay and Exemption 12—privacy of an individual. 158295 1413W bonuses for senior staV 3 12.01.04 Air Safety (Banned The question was answered. The only 147181 546W Airlines) information withheld was information and about another country which is not within 147182 the UK Government’s jurisdiction to publish. 13.01.04 Air Safety The question was answered. 147558 671W and and 673W 147569 21.07.04 Air Safety Exemption 13—third party’s commercial 184129 264W confidences. 4 21.01.04 Shipping accidents The question was answered in part whilst 148486 1236W the information not supplied in the answer fell under exemption 15- statutory and other restrictions. Ministerial Accountability and Parliamentary Questions: Evidence Ev 209
5 28.01.04 Strategic Rail Exemption 13—third party’s commercial 151250 356W Authority confidences. 10.05.04 Strategic Rail Exemptions 2-internal discussion and 171282 14W Authority advice and 13-third party’s commercial confidences. 6 9.03.04 Eurotunnel Exemption 13—third party’s commercial 154911 1411W confidences. 7 26.03.04 Chief Scientific Exemption 12—privacy of an individual. 164041 1074W Adviser 8 22.04.04 Green Ministers Exemption 2—internal discussion and 166065 608W advice 20.10.04 Green Ministers Exemption 2—internal discussion and 190856 688W advice 9 13.05.04 London Exemption 13—third party’s commercial 171222 491W Underground PPP confidences. 10 17.05.04 Trinity House The Code of Practice on Access to 167359 718-719W Lighthouse Service Government Information does not require Government Departments to acquire information that they don’t possess. 11 17.05.04 Vehicle and Exemption 13—third party’s commercial 173892 719W Operator Services confidences. Agency 12 20.05.04 Network Rail Exemption 13—third party’s commercial 173726 to 1114W confidences. 173728 27.05.04 Network Rail Exemption 13—third party’s commercial 171218 1777W confidences. and 171219 13 24.05.04 Rail freight Exemption 13—third party’s commercial 175002 1302W confidences. 14 22.07.04 Out-of-court Exemption 13—third party’s commercial 180748 666W settlements confidences. 15 9.11.04 EU Committees Exemptions 9—voluminous or vexatious 193007, 567-73W requests and 15-statutory and other 193011, restrictions. 193012, 193015, and 193019 to 193022
9 February 2005
Memorandum 18 Submitted by HM Treasury Thank you for your letter of 3 February to Gus O’Donnell about answers to written questions in the 2003–04 Parliamentary session. The schedule accompanying your letter listed 53 questions which had been blocked by the Treasury. One of these questions (Q 166751, 27 April 2004) was in fact answered by the Department of Trade and Industry. In the case of 27 of the 52 answers given by Treasury Ministers the relevant exemption permissible under the Code of Practice on Access to Government In formation was cited in the reply.
In the other 25 instances, the Code exemption which applied was not specified. The Treasury regrets these omissions. However, it was clear from the answers concerned why the information sought could not be disclosed. Details of the relevant Code exemptions in respect of these 25 answers is provided in the form you have requested in the enclosed note. 14 February 2005 Ev 210 Ministerial Accountability and Parliamentary Questions: Evidence
23 February 2004 Customs informants (Q15535) Exemptions 4(b) and 4(f): Information which could prejudice the enforcement or proper administration of the law, including the prevention, investigation or detection of crime, or the apprehension or prosecution of oVenders; and information which could endanger the life or physical safety of any person, or identify the source of information or assistance given in confidence for law enforcement purposes. 26 May 2004 Customs: Victor Bout (175582) Exemption 4(b): Information which could prejudice the enforcement or proper administration of the law, including the prevention, investigation and prevention of crime or the apprehension or prosecution of oVenders 9 December 2003 Tax (Q142718) Exemption 15: Disclosure prohibited by statute. 2 March 2004 and 3 March 2004 Tax: Thalidomide Trust (Qs157687 and 158750) Exemption 15: Statutory prohibition on the disclosure of information concerning the Trust’s tax aVairs. 30 January 2004 VAT (Q151976) Exemption 15: Statutory prohibition on disclosure relating to VAT collected from individual bodies. 10 May 2004 Inheritance Tax: Queen Mother (Q171538) Statutory prohibition on the disclosure of information concerning a person’s tax aVairs. 7,20 and 26 January 2004, 10 February 2004 and 1 March 2004 Ministerial Meetings (Qs 145653, 149497, 151064, 153695 and 156770) Exemption 7 (b): Information which would harm the proper and eYcient conduct of the operations of the department. 12 January 2004 Financial Advisers (Q147039) Exemption 7 (b): Information which would harm the proper and eYcient conduct of the operations of the department. 22 January 2004 Inland Revenue’s Employer Compliance Review (Q149860) Exemption 15: The disclosure of information concerning the tax aVairs of individuals, companies or other bodies is prohibited by statute. 2 February 2004 Gold Sales (Q152144) Exemption 6(a): Information which would harm the ability of the Government to manage the economy and prejudice the conduct of market operations. 9 February 2004 Tripartite Committee on Financial Stability (Q153727) Exemption 2: Information which would harm the frankness and candour of internal discussion, including confidential communications between departments, public bodies and regulatory bodies. 27 February 2004 Construction Industry (Q156681) Exemption 2: Advice from oYcials to Ministers, the disclosure of which would harm the frankness and candour of internal discussion. 11 March 2004 Departmental Advertising (Qs157967 and 157968) Exemptions 7(b) and 13: Information which would harm the proper and eYcient conduct of the operations of a department; and information which is commercially confidential. 30 March 2004 Lyons Review (Q163802) Exemptions 7(b) and 10: Information which would harm the proper and eYcient conduct of the operations of departments; and information which relates to a planned announcement. Ministerial Accountability and Parliamentary Questions: Evidence Ev 211
26 May 2004 Bribery (Q175940) Exemption 6(b): Information which would prejudice the assessment or collection of tax or assist tax avoidance or evasion. 23 June 2004 Currency Exchange Programme (Q179800) Exemption 13: Commercially confidential information. 12 October 2004 Tax Credits (Q190282) Exemption 15: Statutory prohibition on the disclosure of information relating to individuals’ tax aVairs. 27 October 2004 Royal Residences (Qs191344 and 191345) Exemptions 12: Personal information the disclosure of which would constitute an invasion of privacy.
Memorandum 19 Submitted by the Department for Work and Pensions Thank you for your letter of 3 February about those parliamentary questions in 2003—04 where information was withheld. In the table attached to your letter one question only was not covered by an exemption in the Code of Practice on Access to Government Information, which applied during this period. This was PQ 176232, about a member of the Qa pension scheme who had not received compensation. In his answer Malcolm Wicks, Minister for Pensions, said that we could not comment on individual cases. This was because the question was about an individual’s membership of a private pension scheme which is not a matter for Ministers. The answer did, however, provide information about the Pension Protection Fund and the financial assistance which would be available for those not covered by the Fund. 25 February 2005 Ev 212 Ministerial Accountability and Parliamentary Questions: Evidence
Appendix 5: Letters from Members of Parliament
Letter from David Laws MP
Please see the attached Parliamentary Written Answer which I received back from the Department of Health on 18th May 2004.
You will see that the question was due for answer on 25th March 2004, and frankly it is quite appalling that the Department should take two months to produce an “answer” which does not actually answer my question.
I do not accept that the Department was unable to supply any of the information that I requested—for example, it should have been quite possible to know what the percentage increase was for each drug action team for the period 2003/2004 to 2004/2005, even if the budgets of the individual drug action team is not actually available from 1996 onwards. Indeed, a member of my local drug action team showed me some of the figures for the increase in the DAT budgets, so I do not accept that these figures are not available.
I would be most grateful if you could approach the Secretary of State about this matter to see whether it is possible to receive a proper response.
21 May 2004
Reply from Melanie Johnson MP, Parliamentary Under Secretary of State for Public Health, Department of Health
Parliamentary Question on drug action team budgets (UIN 163883)
Thank you for your letter of 2 September with which you enclosed one from David Laws that raised concerns about the response I gave to the above Question.
I regret that the reply that I gave to David's Question was incorrect. This was due to an administrative oversight with the collection of the statistics.
Whilst it remains the case that we do not have information on percentage increases in the budget of drug action teams between 1996 and 2001–02, as drug treatment was then part of mainstream expenditure and it is not possible to disaggregate this funding, we do nonetheless have figures for the increases in the years since then. These are set out below. Drug Action % Increase from % Increase from % Increase from Team 2001/02—02/03 2002/03—03/04 2003/04—04/05 Bradford 42 34 14 Calderdale 36 26 9 Kirklees 36 26 9 Durham 35 25 7 Darlington 35 24 7 East Riding 39 32 13 Kingston upon Hull 39 29 11 Gateshead 36 25 7 South Tyneside 36 27 9
Ministerial Accountability and Parliamentary Questions: Evidence Ev 213
Leeds 32 21 4 Newcastle 35 24 7 North Tyneside 35 25 8 North Yorkshire 30 18 1 City Of York 30 21 4 Northumberland 33 20 4 Sunderland 36 27 9 Stockton 43 37 17 Hartlepool 43 35 15 Middlesbrough 43 35 16 Redcar & Cleveland 43 38 18 Wakefield 31 19 2 Barnsley 35 23 6 Doncaster 38 30 12 Leicester City 36 25 8 Leicestershire 36 28 10 Rutland 36 20 4 Lincolnshire 31 19 3 Rotherham 35 24 7 Sheffield 36 25 8 North Lincolnshire 42 28 10 North East Lincolshire 42 49 25 Bedfordshire 33 21 5 Luton 33 24 7 Cambridgeshire 30 11 0 Peterborough 30 12 0 Hertfordshire 30 10 0 Norfolk 32 20 4 Suffolk 30 17 0 Barking 36 31 13 Havering 36 26 8 Barnet 41 26 9 Enfield 41 33 14 Haringey 41 36 16 Bexley 36 26 9 Bromley 36 26 9 Greenwich 36 29 11 Brent 38 35 15 Harrow 38 27 10 Camden 30 22 5 Islington 30 20 4 Croydon 40 29 11 Ealing 31 19 2 Hammersmith 31 21 4 Hounslow 31 21 4 City of London 38 66 34 Hackney 38 30 12 Newham 38 38 18 Tower Hamlets 38 30 12 Hillingdon 30 17 0 Kensington & Chelsea 30 10 0 Westminster 30 10 0 Kingston upon Thames 30 10 0 Richmond upon Thames 30 10 0 Lambeth 36 34 15 Lewisham 36 28 10
Ev 214 Ministerial Accountability and Parliamentary Questions: Evidence
Southwark 36 34 15 Merton 30 18 2 Sutton 30 17 0 Wandsworth 30 20 4 Redbridge 43 37 17 Waltham Forest 43 42 20 West Berkshire 30 11 0 Reading 30 13 0 Slough 30 14 0 Wokingham 30 12 0 Windsor & Maidenhead 30 11 0 Bracknell Forest 30 12 0 Milton Keynes 30 11 0 Buckinghamshire 30 11 0 East Sussex 35 23 6 Brighton & Hove 35 25 7 Northamptonshire 32 21 4 Oxfordshire 30 10 0 West Sussex 30 10 0 Bristol 31 21 4 South Gloucestershire 31 21 4 North Somerset 31 19 2 Bath & NE Somerset 31 21 4 Cornwall/Isles of Scilly 35 24 7 Bournemouth 30 18 1 Poole 30 14 0 Dorset 30 13 0 Gloucestershire 30 18 2 Somerset 30 16 0 Swindon 30 12 0 Wiltshire 30 10 0 Birmingham 43 37 17 Coventry 40 35 16 Dudley 37 28 10 Herefordshire 30 16 0 Sandwell 39 29 11 Shropshire 31 20 4 Telford & Wrekin 31 21 4 Solihull 34 22 6 Walsall 36 26 8 Warwickshire 30 18 2 Wolverhampton 41 34 15 Worcestershire 31 20 3 Bury 36 25 8 Rochdale 36 25 8 Liverpool 43 37 17 Manchester 35 25 8 Halton 36 27 10 Warrington 36 27 9 Trafford 30 17 1 Salford 30 18 2 Sefton 38 30 12 South Cheshire 31 19 3 St Helens 42 34 15 Knowsley 42 42 20 Stockport 34 22 6
Ministerial Accountability and Parliamentary Questions: Evidence Ev 215
Oldham 36 26 8 Tameside 36 23 6 Wigan 37 28 10 Bolton 37 25 8 Wirral 45 37 17 Derbyshire 36 29 11 Derby City 38 25 8 Nottinghamshire 40 34 15 City of Nottingham 39 33 14 Essex 30 23 6 Thurrock 37 24 7 Southend 37 17 0 Kent 36 21 4 Medway Towns 30 23 6 Surrey 30 10 0 Portsmouth 33 18 2 Isle of Wight 33 23 6 Hampshire 30 10 0 Southampton 30 19 2 Devon 30 18 1 Torbay 30 20 3 Plymouth 30 17 1 Stoke on Trent 35 24 7 Staffordshire 34 24 7 Cumbria 35 24 7 Blackburn with Darwen 36 27 9 Blackpool 38 23 6 Lancashire 32 27 9
TOTAL AVERAGE 35 24 7 % INCREASE Note: percentage increases have been rounded to the nearest whole number
I hope that David will, by way of this letter, which I am copying to him, accept my apologies for this oversight. I am arranging for the Official Report to be amended and will place a copy of this letter in the Library.
25 October 2004
Letter from Glenda Jackson MP and Llew Smith MP to the Speaker of the House of Commons
We feel compelled to write to you following our continued dissatisfaction with both the tone and tenour of replies we have received to written questions put to the Prime Minister on Iraq since we returned from the summer recess.
In writing we are fully aware that you have regularly replied to our backbench colleagues of different parties who have raised with you, in points of order, their dissatisfaction with the way ministers have chosen to respond to their questions, that you have no responsibility over the content of the answers ministers provide.
On the 14 July this year, our Labour colleague Harry Cohen (Leyton and Wanstead) raised with you on a point of order his concern that:
“many Back Benchers on both sides still have questions to ask the Prime Minister. You have been in the House a long time, as have I, and you will know that it was the practice, certainly of past Governments, whenever legitimate questions were tabled for written answer, to say, “I refer the hon. Member to the
Ev 216 Ministerial Accountability and Parliamentary Questions: Evidence
statement that was made on this issue” and to give that as a reason for not providing any further answers. If that happens in regard to the statement that the Prime Minister has just made, will you have a look at the matter, to ensure that any further legitimate questions that are tabled get a proper answer?”
You will recall your response was:
“As always, the hon. Gentleman helps me out. This gives me an opportunity to say that a Committee of the House recommended to the Speaker that an hour should be given for statements. Because of the circumstances of this statement and the fact that the Prime Minister, the Leader of the Opposition and the Liberal Front-Bench spokesman took longer—I make no criticism of them for that—I gave exactly half an hour for Back Benchers’ questions. As to questions being answered, I have said to the hon. Gentleman before that I am not responsible for the quality of ministerial answers. I thank the hon. Gentleman again”. (Official Report, 14 July 2004 : Columns 1451–2)
The situation over Harry Cohen raised his concern has now come about in an acute and unsatisfactory way, because of the manner the Prime Minister has chosen to respond to our questions seeking clarity on some very specific outstanding matters arising from the situation in Iraq and the Iraq Survey Group’s failure to find any Weapons of Mass Destruction in that country. No reasonable person reading the Prime Minister’s chosen replies to our questions (copies enclosed in manuscript form as they are not yet published in Hansard) could consider that he has genuinely answered them.
Our joint concern is that the Prime Minister has gone on the record in recent weeks in stating their desire for “closure” on Iraq, and to “move on”.
We fear this desire is being implemented by the Prime Minister at the cost of damaging backbenchers’ rights to scrutinise Government. We believe that just as backbenchers have the responsibility to respect the traditions of Parliament, so do ministers. In choosing to respond in the way he has, we believe the Prime Minister is not upholding the traditional respect for Parliament in the way the first minister of any government would be expected to do.
We now consider the Prime Minister has drifted dangerously close to bringing Parliament into disrepute in the form he has chosen for his replies.
In this very sensitive time we feel Parliament itself as an independent institution of scrutiny is being endangered by the Prime Minister’s dismissive disregard for our attempts to properly scrutinise his chosen policy on Iraq, not least because the replies will be publicly available in Hansard for all interested parties to read. We feel the attempts by the Leader of the House to make Parliament more accessible for, and closer to, the general public will be undermined by the Prime minister’s unfortunate actions in this matter.
We seek your guidance in this matter.
19 October 2004
Reply from the Speaker of the House
Thank you for your letter of 19 October in which you set out your concerns about answers you had received from the Prime Minister to questions you had tabled about Iraq, some of which are quite wide in scope or seek interpretation of public documents.
As you acknowledge in your letter, I, as Speaker, do not have any responsibility for the content of Ministers’ answers and it would not be right for the Chair to be drawn into argument about their adequacy, or otherwise.
There are, of course, other ways in which Members can follow up answers which they consider to be unsatisfactory. I note that the questions referred to in your letter were quite broad; you may wish to discuss with the Table Office whether there is scope for more detailed questions (subject, of course, to answers
Ministerial Accountability and Parliamentary Questions: Evidence Ev 217
already given). Another option might be to apply for an adjournment debate—although it would not be the Prime Minister who would reply to any such debate. Again, the Table Office can advise on the orderliness of proposed subjects. Finally, the Public Administration Committee has indicated its willingness to follow up refusals by Ministers to provide information; you might wish to consider writing to its Chairman, Tony Wright.
As you copied your letter to me to the Prime Minister and the Leader of the House, I am copying this reply to them, as well as copying our correspondence to the Chairman of the Public Administration Committee.
25 October 2004
Letter from Glenda Jackson MP and Llew Smith MP
We are writing in the hope the PAC will enquire into what we believe is a deliberate policy on behalf of Government ministers to avoid providing substantive answers to Parliamentary Questions on Iraq.
We enclose copies of our recent letter raising our concerns over this situation with the Speaker, along with his helpful reply.
We have also taken the opportunity to enclose copies of the most recent questions on Iraq, along with the manifestly inadequate replies from the Prime Minister and Foreign secretary respectively.
We hope you will agree with the Speaker and ourselves that this is a serious matter meriting consideration by your committee, and we look forward to hearing from you on this.
26 October 2004
Reply from the Prime Minister
Thank you for your letter of 11 November copied to the Foreign Secretary enclosing correspondence from Glenda Jackson MP and Liew Smith MP about answers to their questions on Iraq. I understand that Jack Straw will be writing separately to you about those questions answered by his Department.
I note from the questions and answers enclosed that I either provided Glenda and Llew with further information where that was possible or, where the information was already in the public domain, referred them to the publicly available sources.
29 November 2004
Reply from the Foreign Secretary
Thank you for sending me a copy of your letter to the Prime Minister of 11 November asking for a response to comments by Glenda Jackson MP and Llew Smith MP about the quality of answers to Parliamentary Questions on Iraq. I thought that your Committee would welcome a response from me, as three of the answers referred to by the Members were answered by FCO Ministers.
I ensure that my Department takes its obligations to Parliament extremely seriously, and that of course includes providing accurate and informative answers to Parliamentary Questions. I have to say, though, that I do not at all accept that the three answers provided by my Department were “manifestly inadequate”, as the Members claim. Two are related, asking me to request a full report from the US Government on attacks by US helicopters on Iraqis in Baghdad on 12 September, and asking me to request the Iraqi Interim Government to conduct an inquiry into the same episode. The answer to the first said that the US authorities were investigating the incident and gave the FCO’s account of what had happened. The answer to the other
Ev 218 Ministerial Accountability and Parliamentary Questions: Evidence
question gave the same information on the incident and said that the FCO did not intend to request the IIG to conduct such an inquiry as the US authorities were conducting an investigation already. The third asked, pursuant to my oral statement on Iraq of 12 October, “what the information was upon which he and the Prime Minister based their judgements and which he now accepts was wrong”. The answer referred the Member to the written statement of the same day which said that, following the Butler Report, two lines of intelligence had been withdrawn by SIS. It also indicated that further background material was to be found in the Butler Report.
I believe that these three responses properly answered the Questions, and gave the information available to the FCO at the time, while in one case referring the Member to other publicly available statements and information.
I can assure your Committee and the Members concerned that the FCO will continue to provide Members with proper answers to Parliamentary Questions on Iraq as on other subjects.
2 December 2004
Letter from David Laws MP
You will recall that I have written to you on a number of occasions before about “non-answers” to Parliamentary Questions from HM Treasury in particular.
I am most grateful for the help that your committee has given in the past in extracting sensible answers from Ministers—this seems to be the only recourse that we often have.
Please see the attached Parliamentary Question, HMT Ref: 3491W 03/04, which I have just recently received back. I asked the Treasury for estimates of Governments spending on preparations for the Euro between 1999–2005. You will see that Stephen Timms simply referred me to a document entitled Third Outline National Changeover Plan. I have asked my researcher to get hold of this document and to look through it for the figures. My researcher could not find any of these figures in the document—which you may be interested to know is 178 pages long.
In addition, the Treasury has provided no specific page reference number or table reference. It does seem to me to be yet another example of the Treasury trying to fob Members of Parliament off by referring to documents or other Parliamentary Answers that don’t, in fact, give the answers requested. I would be most grateful if you could take this matter up with Stephen Timms.
28 October 2004
Reply from Stephen Timms MP, HM Treasury
You wrote to Gordon Brown on 10 November about a written answer which I gave to David Laws on 18 October concerning expenditure on euro preparations.
I thought at the time that my answer to David would enable him to find the information he was looking for from publicly available sources. Having reviewed the matter in the light of what he says in his letter of 4 November, I find that information about Government spending on euro preparations was in fact to be found in paragraphs 11.10–11.11 (on page 86) of the June 2003 document to which my answer referred David— the third outline National Changeover Plan. I am sorry that my answer did not say precisely where in the document this information was located.
I should perhaps explain by way of background that Government spending on euro preparations is the responsibility of individual departments and is constrained by departmental spending limits. The Treasury does not hold information on expenditure on central government euro preparations by calendar year or by financial year, or for each central government department.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 219
In recognition of the Parliamentary and public interest in expenditure on euro preparations, the Treasury first published an estimate of total central government expenditure in March 2000 in the Second Outline National Changeover Plan. This estimate has been updated from time to time. A figure is obtained by estimating cumulative expenditure by the three “critical path departments” (the Department for Work and Pensions, the Inland Revenue and HM Customs and Excise) and the Euro Preparations Unit in the Treasury and adding a further estimate for the remainder of central government departments. The most recent available figure was published in the forthcoming autumn report on euro preparations.
I should add in conclusion that I and my Ministerial colleagues in the Treasury take our responsibilities with regard to Parliamentary questions very seriously. If a Member is not satisfied with an answer we have given, we are always willing personally to look at the matter again.
I am copying this letter to David Laws
17 November 2004
Letter from the Rt Hon Frank Field MP [PQ 195695 Col 250W]
You have probably seen the question I asked the Prime Minister on the Butler Report which was answered yesterday. I was specifically concerned with Butler’s expose of the extent to which sofa deliberations had taken the place of those which previously had been conducted around the Cabinet table.
This may be an issue which your Committee is considering anyway. But if it is not might you call for at least written evidence from the Prime Minister on how he has changed the style of Government, and of ensuring that all those meetings affecting Government policy are fully minuted by the Cabinet Secretary?
4 November 2004
Reply from the Prime Minister
Thank you for your letter of 11 November enclosing correspondence from Frank Field MP about my answers to his questions about the implementation of the Butler conclusions on the machinery of government.
The reason I referred Frank back to my statements in the House on 14 and 20 July was because as I said on both occasions the Government fully accepted Lord Butler’s conclusions. Specifically on machinery of government issues I made the following announcement: “Secondly, prior to the war, meetings were held with an informal group, including the Foreign and Defence Secretaries, the Chief of Defence Staff, the head of the Secret Intelligence Service, the chairman of the JIC and my foreign policy adviser. In any future situation, such a group, which brought together the key players required to work on operational military planning and developing the diplomatic strategy, will operate formally as an ad hoc Cabinet Committee” (official report 20 July column 195).
29 November 2004
Reply from the Rt Hon Frank Field MP
Thank you for sending on the Prime Minister’s response to my concerns about the Butler Report.
As you can see from my original letter of November 4th, I was specifically concerned with the general machinery of Government. The announcement given by the Prime Minister on machinery of government issues only refers to arrangements put in place for meetings prior to war. The response by the Prime Minister does not cover the more general problem of the Government’s informal approach to Cabinet meetings.
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Please would you consider this issue further?
16 December 2004
Reply from the Prime Minister
Thank you for your letter of 1 February in response to mine of 29 November on the issue of Frank Field’s Parliamentary Question about the implementation of the Butler report’s conclusions on the machinery of government.
As I said in my letter, the reason why I referred Frank to my statement was because he had asked what steps I had taken “since the publication of the Butler report to improve the machinery and operating procedures of government”. I had specifically addressed that issue in my statement on the Butler report (official report 20 July 2004, column 195).
I should add that I have answered more general Parliamentary Questions about the conduct of Cabinet business, for example in response to a Question from Gordon Prentice (official report 15 November, column 955w). And my Official Spokesman has also answered questions on this issue (for example on 9 December 2004).
28 February 2005
Letter from Adam Price AS/MP
I am writing to you to complain about Ministers’ refusal to answer questions on the war in Iraq since the publication of the Butler Review. I am doing this in the context of your Committee’s work on parliamentary questions and ministerial accountability, and, in particular, the ruling of the Speaker that Members dissatisfied with replies should write to the Committee. My complaint also has some relevance to your current review of the role of Government inquiries.
At the beginning of September I tabled 64 individual questions to the Prime Minister relating to various aspects of the conduct of the Government’s Iraq policy. They arose in large part, but not exclusively, from the information published for the first time in the Butler Review seeking further elucidation on questions of fact and the evidential basis for some of the Prime Minister’s specific statements. On September 16th I received the following non-reply to 63 of the detailed questions I had tabled: “These matters have been examined during the course of the Butler Review and other inquiries, and covered during debates and statements on Iraq and in briefings by my Official Spokesman. All relevant information has been placed in the public domain insofar as that could be done without prejudicing national security.” This formula is also being used in response to other Members’ enquiries and by other Ministers for questions on Iraq.
There are at least three problems with the Prime Minister’s reply. Firstly, these questions have not already been answered. If they had, there would be little point me tabling them, the Table Office would have rejected them, or, failing that, the Prime Minister could simply have directed me to the relevant section of Hansard or the relevant report. Secondly, it is difficult to understand the national security argument when the questions relate to a non-existent threat from a now defunct regime. Finally, while, in a parliamentary democracy, inquiries can help inform and enrich debate, they should not be used to curtail it. If an inquiry reveals new information Parliament must be allowed the opportunity to ask further questions which arise as a result.
In the same week as I received my non-reply, the Prime Minister said, in a joint Press Conference with Ayad Allawi, that there were “legitimate, unanswered questions” in relation to the war in Iraq. To use the Butler Report so blatantly to avoid addressing those same unanswered questions is completely unacceptable.
Ministerial Accountability and Parliamentary Questions: Evidence Ev 221
I would be interested in hearing the Committee’s views on this matter and would be grateful for any assistance you can offer me in seeking answers to the questions tabled by myself and other Members.
10 November 2004
Reply from the Prime Minister
Thank you for your letter of 1 December enclosing correspondence from Adam Price MP about answers to his Parliamentary Questions on Iraq.
As I explained in my letter to Adam Price when he wrote to me on this issue, and as I set out in my PQ answers, these matters have been examined during the course of four inquiries and covered during debates and statements on Iraq and in briefings by my official spokesman. All relevant information has been placed in the public domain insofar as that could be done without prejudicing national security.
P.S. In one form or another, his questions raise the same issues and points that were exhaustively covered in the Inquiries, debates and existing answers. I really don’t think it reasonable to ask me to do more.
24 December 2004
Letter from Mark Oaten MP to Paul Goggins MP, Parliamentary Under- Secretary of State Home Office
I am writing with reference to PQ number 155957 of session 2003/04, on the subject of the consultation arrangements for Reducing crime, Changing Lives.
I was surprised to receive a reply stating that there was insufficient time to respond to my question before prorogation, given that the question was tabled on 12 February 2004—over nine months earlier. What was the reason for this long delay?
Rather than re-tabling the question, I would be grateful if you could provide an answer by letter at your earliest convenience.
2 December 2004
Letter from Dr Julian Lewis MP
You will be aware of the controversy surrounding the appointment of Alan Milburn as Chancellor of the Duchy of Lancaster in September 2004, on a full Cabinet Minister’s salary in excess of £137,000 per annum, despite spending most of his time preparing Labour’s General Election campaign.
For many weeks, I have been striving to obtain the answer to a simple question: namely, what is the overall cost to the public purse of the decision to appoint a separate Chancellor of the Duchy in addition to his Cabinet Minister’s salary. I attach a series of questions and answers which indicate the runaround to which I have been subjected. x As you can see, first I was told that the extra cost “will be met from within the existing Cabinet Office budget”. x When I asked “what sum has been earmarked from within the existing Cabinet Office budget to meet the cost of appointing a separate Chancellor of the Duchy”, I was told that this “will be accounted for in the Cabinet Office Annual Report and Resource Accounts”. These are most unlikely to be published prior to the next General Election.
Ev 222 Ministerial Accountability and Parliamentary Questions: Evidence
x When I asked “what decision has been made on the sum to be earmarked from the existing Cabinet Office budget” to meet this cost, the answer simply combined the two non-answers which I had already been given thus: “The costs of appointing a separate Chancellor of the Duchy of Lancaster will be met from the existing Cabinet Office budget, and will be accounted for in the 2004/05 Cabinet Office Annual Report & Resource Accounts”. Franz Kafka might have appreciated this subtlety, but I do not. x So I asked “what estimate has been made of the sum from within [the Cabinet Office] budget” to meet the cost, but was merely referred back to the previous answer. x Next, I asked the Minister, Ruth Kelly, “if she will make it her policy to disclose prior to the first week of May 2005 her Department’s estimate of the overall cost within its existing budget of the creation and maintenance of a separate Chancellor of the Duchy”. This led to the revelation that “Departmental Annual Reports and Resource Accounts are published in accordance with Her Majesty’s Treasury guidance”.
By now the media were becoming interested, and I was invited to discuss the matter on Radio 4’s “The Week in Westminster” programme. The Chancellor of the Duchy of Lancaster’s PPS is Kevin Brennan MP. He was invited to take part, but this was refused. The item went ahead with a Labour member of the Public Administration Select Committee instead, to give it the necessary balance.
On 21 December, the Chancellor of the Duchy himself faced Oral Questions during one of his rare appearances at the Dispatch Box. I attach the relevant extract from Hansard: x Asked by Greg Knight MP if he would “make it his policy to disclose prior to May 2005 the sum earmarked from the existing Cabinet Office budget to cover the total cost of creating a separate post of Chancellor of the Duchy of Lancaster”, he declined.
As the sum concerned is being met out of the existing Departmental budget, it is barely conceivable that no estimate has been made of what it is. The Cabinet is deliberately withholding a perfectly accessible piece of information which has repeatedly and legitimately been requested by MPs. I believe that the only reasonable explanation for this is a wish to avoid political embarrassment.
According to the Code of Practice on Access to Government Information’s “Guidance on Interpretation”— see extract attached—officials drafting Answers to Parliamentary Questions are reminded that “Ministers…must be as open as possible with Parliament and the public, withholding information only when disclosure would not be in the public interest”. Officials are admonished: “Do not omit information sought merely because disclosure could lead to political embarrassment or administrative inconvenience”.
I believe that a bare-faced attempted is being made to conceal from Parliament and the public, until after the General Election, the true overall cost of the decision to appoint a separate Chancellor of the Duchy of Lancaster. There is no valid reason not to disclose the information now, and I am writing formally to complain and to request your assistance in helping me to extract it from this unduly secretive administration. A similar letter is being sent to the Comptroller and Auditor General and to the Chairman of the Public Accounts Committee.
27 December 2004
Reply from David Miliband MP, Minister for the Cabinet Office
Thank you for your letter of 1 February enclosing one from Dr Julian Lewis about responses to his parliamentary questions.
In order to manage finances effectively within the Cabinet Office, budgets are allocated to management units. Management units are then responsible for managing their resources across their various component
Ministerial Accountability and Parliamentary Questions: Evidence Ev 223
sections. When budgets are allocated across the Cabinet Office they are not allocated to the level of management units’ individual offices. It is appropriate that budgets are delegated by the centre in this manner. It gives management units the flexibility to manage in-year fluctuations and allows resources to be re-distributed across a management unit as necessary. At the end of each financial year, management units report the expenditure of each of their component sections back to the centre.
The office of the Chancellor of the Duchy of Lancaster forms part of the Private Office Group Management Unit. The Private Office Group comprises the following offices: Minister for the Cabinet Office; Chancellor of the Duchy of Lancaster; Minister without Portfolio; Cabinet Secretary; Security and Intelligence Co- ordinator; Managing Director; Propriety and Ethics Policy Team; Parliamentary Branch; Ministerial Support Team. The budget allocated to the Private Office Group for 2004–05 was £3.602 million.
Ruth Kelly was unable to provide the information that Julian requested for the cost of a separate Chancellor of the Duchy of Lancaster as this will not be available until the end of the financial year. At the end of the financial year the Private Office Group will report back on the expenditure of each of its sections including Alan’s office.
Ruth arranged for information on the costs of Alan’s office to be included in the Cabinet Office Annual Report and Resource Accounts. These fully audited and validated figures will be an accurate figure for the cost of Alan’s office. I have confirmed with officials that this will indeed happen.
I hope that Julian will, by way of this letter, which I am copying to him, be reassured that in responding to its parliamentary questions, Cabinet Office Ministers and officials are committed to the principles of the Guidance to Officials on Drafting Answers to Parliamentary Questions, which the Cabinet Office issues to all civil servants.
7 March 2005
Letter from Anne Campbell MP
I am writing to draw your attention to a matter concerning parliamentary questions.
A constituent asked me to table a question regarding the terrorist suspects held at Belmarsh prison in summer 2004. I tabled the original question early in July, and received a reply from the Minister on 22 July, saying ‘I will reply as soon as possible’. No answer was forthcoming, so I tabled the question again on 27 October. A reply came on 18 November saying ‘It has not been possible to respond to my hon. Friend in the time before prorogation. This seems unacceptable as the original question was tabled in July.
My constituent has written to me to point out that the failure to provide an answer can be no mere oversight, especially given the sensitivity of the subject matter, and that this demonstrates a scant regard for Parliamentary accountability.
Is this something that the Public Administration Committee would be able to look into?
13 January 2005
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