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Department for Lnternational Trade Ministers Have Been Withheld in Their Entirety Under Section 4O of the Act

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Department for Lnternational Trade Ministers Have Been Withheld in Their Entirety Under Section 4O of the Act Department for lntemational Trade 3 Wh¡tehall Place London Department for SWIA2AW lnternational Trade Mr Pete Falmouth T +44(0)2072155000 req [email protected] E [email protected] W www.gov.uk/dit Ref: FOl2018/00649 April2018 Dear Mr Falmouth, Thank you for your email of 5 February where you requested the following information: Correspondence, including emails, between **DIT ministers, ministers' private office staff or ministers' specialadvisers"*, and any of the following individuals: Tony Blair; Mark Malloch-Brown; James McGrory; Jolyon/Jo Maugham; Nick Clegg; Gina Miller; Tom Brake;or Peter Mandelson, during the year 2016. Correspondence, including emails, between **DIT ministers, ministers' private office staff or ministers' specialadvr.sers** and any of the following individuals: Tony Blair; Mark Malloch-Brown; James McGrory; Jolyon/Jo Maugham; Nick Clegg; Gina Miller; Tom Brake; or Peter Mandelson, during the year 2017. Under the Freedom of lnformation Act 2000 ('the Act'), you have the right to: ¡ know whether we hold the information you require . be provided with that information (subject to any exemptions under the Act which may apply). I can confirm that the Department does hold records that fall within scope of your request. The information being released at Annex A are copies of the correspondence held by the Department that fall within scope of your request. The information being released is a redacted version of the official record. Much of this information is of a sensitive nature relating to personal information. This sensitive information is being withheld under Section 40 of the Freedom of lnformation Act (the Act). Additionally, some email correspondence between MP's and their constituents; and subsequent emails to Department for lnternational Trade Ministers have been withheld in their entirety under Section 4O of the Act. Section 40 (Personal lnformation) Section 4O(2) of the Act provides an absolute exemption for personal data which then falls to be dealt with under the Data Protection Act. The exemption is designed to address the tension between public access to official information and the need to protect personal information. Personal data of third parties can only be disclosed in accordance with the data protection principles. ln particular, the first data protection principle requires that disclosure must be fair and lawful and must comply with one of the conditions in Schedule 2 of the Data Protection Act. Senior officials should expect it fair that their details may be disclosed as part of a FOI response as their posts ætry a greater level of accountability, since they are likely to be responsible for major policy decisions and the expenditure of public funds. However, having factored in the nature of the request and the responsibilities of the employees in question we do not consider the right of public access to official information to outweigh the right of junior members of staff to have their personal information protected. Appeals procedure lf you are dissatisfied with the handling of your request, you have the right to ask for an internal review. lnternal review requests should be submitted within two months of the date of receipt of the response to your original request and should be addressed to the lnformation Rights Unit: lnformation Rights Unit Department for lnternational Trade London SWl H OET Email: [email protected] Please remember to quote the reference number above in any future communications. lf you are not content with the outcome of the internal review, you have the right to apply directly to the lnformation Commissioner for a decision. The Information Commissioner can be contacted at: lnformation Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SKg 5AF Yours sincerely, Department for lnternational Trade Page 2 of 34 Annex A The Rt Hon Li¡m For MP Dop.rùrênt fo. lnt8rnational Tråde ffi King CharLs Slreet Whitehell Department for London lnternational Tiade S1,ì/IAzAH T +¡14 (0) 20 7215 5000 E snouiri€sôtrada.dsi.oov.uk W www.qoy-uk Rt Hon Nick Clegg MP Riverdale House Our f? : MCB20í7/08595 89 Graham Road Your r€t: P6ê1502/501 Sheffield S10 3cP gfl Mareh2oll Our policy is not to frustrate or hamper the ability of businesses to flourish but to make lhe world safer for us all by operating a clear, proportionate and robust system of export controls that facilitates responsible exports. I know the Export Control Joint Unit (ECJU) is mindful of the competitive pressures SMEs face and this is why the team makes every effort to process export licence applications promptly. I am pleased to say that in this particular case a decision was communicated to the company on 6 March 2017, allowing them to proceed with the export of their goods. The Export Control Organisation works hard to meet our export licensing targets (concluding TOVo of applications within 20 working days and 99% within 60 working Uaysi. tn ihis case the application was concluded in 33 days, which is well within our secondãry target. I - THE RT HON LIAT FOX MP Secretary of State, Department for lnternational Trade & President of the Board of Trade Page 3 of 34 frâ¿ bq'L The Rt. Hon. Nick Clegg M.P. Sheffield Hallam Riverdale Housei 89 Graham Road, Sheffield 510 3GP Tel: 01 14 2309002 Email; [email protected]. uk ? {J f ian ?0t/ The Rt Hon Liam Fox MP Secretary of State Department for lnternational Trade 1 Victoria Street LONDON SWl H OET 14March2}17 Maxw501/502 Dear Liam I have been contacted by several of my constituents about EDM 642. I am enclosing some correspondence that I have received from one of my constituents, the contents of which I trust are self-explanatory. I welcome your thoughts on this which I will be pleased to foruard to my constÍtuent. Please reply to the constituency office at the address above. Yours sincerely {\t,,, Nick Clego MP PLEASE ADDRESS CORRESPONDEÍ{CE TO'IT{E CONSTMJEilCY OFFICE Whjlst.Nlck Clegg MP will feat as confdôntial any p€rBonal ¡nforlnafon uñ¡ch you pass on, hê wlllrþrmally el¡ow staffand autñoris€dvolunteeßtoseeit¡fth¡sisns6dêdtohslpand¡dviseyou. theuÞmáypassônall orsomcófthisinformationto agencies such as tha ot^/P, the lnlând Rovonm or th6 local Com¿il ¡f this is neceeieiy to heþ with your cesô. Nbh Cþgg Mp may wlsh to.tYtiþ lo you ftoñ lime to lime lo ka€p you lnfo¡med on issues whictr you may fñd of inierest.-pþasa tet him knoñ-it you oo' nol wiEh lo bo conlâcled lor th¡s purposs Page 4 of 34 Th. Rt Hon L¡¡m Fox ¡lP Oep¡¡tmant lor lntemaüonal Ttade &4 King Cha¡|es Str€ot Whitehall Department for London lnternational Trade SWIA2AH T +44 (0) 20 7215 5000 E oQouillssótrsde.osi.qov.uk The Rt Hon Nick Clegg MP W wtvt,n.gov.uk Riverdale House Ourref: MCSL2017/08359 89 Graham Road Your ref: Ma)0$1/502 Sheffield S10 3cP !)4"^*n 2017 ìrttûlì( for r letter of '14 from your constituent, I about trade policy, in particular Bilateral lnvestment Treaties (BlTs) and Early Day Motion 642. Ïhe Government is currently reviewing its trade policy as the UK prepares to leave the EU. This Department has been established to promote British trade across the world and ensure the UK takes advantage of the huge opportunities open to us. The UK is currently signatory to over g0 BlTs, which provide investors with fair and equitable treatment and protection against discriminatory action, whilst recognising the rights of governments to regulate in the public ínterest. There has never been a successful lnvestor- State Dispute Settlement claim brought against the UK, nor has the threat of potential claims affected the Government's legislative programme. These treaties do not prevent the governmenls involved from legislating with respect to sustainable development, climate change, or human rights. Until we leave the EU we will remain subject to EU trade and investment agreements and policy, of which sustainable development and human rights are fundamental principles. This country has a strong history in protecting these principles and promoting our values globally. ln relation to investment agreements, we have supported moderniéed provisions designed by the EU, such as those included in the EU Canada Comprehensive Economic Trade Agreement (CETA), which are designed to further clarify the right of states to regulate and increase transparency in the dispute resolution mechanism. Regarding parliamentary scrutiny, treaties that are subject to ratification are laid before Parliament for a period of 21 parliamentary sitting days. During this time, hon Members and Select Committees can scrutinise, ask questions, report, and ask for additional time. While the Constitutional Reform and Governance Act 2010 does not guarantee a debate, any request would be seriously considered. lf Parliament debated and resolved that Her Majesty's Government'shall not ratify', then the latter could not legally do so at that point. I hope this reply assists you in responding to I HON LIAM FOX I'fP Secretary of State, Department for lnternational Trade & President of the Board of Trade Page 5 of 34 RT HON NICK CLEGG MP Shcffield Hallarn {,R lãCrH llV/ {l_} ? ? ltrit\t 2{}t* HOUSE OF COMMONS LONDON S\vIA OAA 'l'hc Iìt IIon Lianr l:ox Ml) sccrccary olstatc fi¡r Inrcrnational 'lì'adc antl pr.csitlcnt of'thc lloalrl of'.li.adc Kins Charlcs Stt'cct Whitchall l,onrk¡n SWri\ *\lI I l{l¡Nove¡nl:cr 2(¡l6 u L A I rvas sur'¡:riscd by the l.crnarks you rnadc to thc llouse of'C<_¡rnmon.s liru.o¡rcan Scrutiny Cornnrittee on 96th Octol¡e¡'retarding thc lirturc tladin.g lclationshi¡r benvccn thc Unitctl Kin¡;tlorn and thc l:ittro¡tcan Union.
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