Paul Dacre Correspondence.Pdf
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Reference: 1269453 Julia Snape Information Rights [email protected] 30 July 2021 Freedom of Information: Right to know request Thank you for your request for information held by Ofcom about correspondence with Paul Dacre. We received this request on 27 May 2021 and have considered it under the Freedom of Information Act 2000 (‘the FOI Act’). We wrote to you on 25 June 2021 to say we needed more time to consider your request because the information requested was being considered under one of the FOI Act exemptions to which a public interest test applies. We have now concluded our consideration. Your request You asked: 1. Could you please send me all emails that were sent / received from Paul Dacre or emails in your system that mention any of these terms. 2. Records of meetings, notes or minutes of those meetings and documents prepared for meetings with Paul Dacre, phone logs of calls with Paul Dacre. The time period for these three requests is July 1st 2019 to the date this request was received. For this request I would ask that you limit it to these people: Dame Melanie Dawes, chief exec and her predecessor Bob Kerslake, former Ofcom Chairman Terence Burns, Martin Ballantyne, Ofcom's General Counsel and Legal Group Director, Tony Close, former director of content standards, and the current holder of the post, Alison Marsden. Background By way of background, it is worth clarifying that the appointment of the Ofcom Chair is run independently of Ofcom by the Department for Digital, Culture, Media and Sport. The role of Ofcom Chair was officially announced on the HM Government Appointments website on 12 February 2021 and the process is regulated by the Commissioner of Public Appointments. It was reported in May 2021 that the appointment process would be relaunched. Prior to this, it was reported that Paul Dacre was a candidate for the role. You may be interested in our response to a previous freedom of information request on this subject published on our website:1 [chairman-role.pdf (ofcom.org.uk)]. 1 We have not regarded administrative correspondence organising previous FOI responses as falling within the scope of the current request. Page 1 of 9 Given the media coverage in relation to this matter, we have assumed that the focus of your request is the process for the appointment of the next Ofcom Board Chair. Given that the Chair appointment process does not relate to an Ofcom project, we considered that the most effective approach to information gathering would be to conduct a search of the email inboxes of the individuals identified in your request for any email that mentions Paul Dacre. However, we have not limited our information gathering or response to information relating to the Chair appointment process specifically. Before responding to your request, it may be helpful to clarify some relevant information about the individuals listed in your request: • Ofcom’s Chief Executive, Dame Melanie Dawes, joined Ofcom on 2 March 2020. Jonathan Oxley was interim CEO from the end of November 2019 until Dame Melanie joined Ofcom. Prior to that, Ofcom’s Chief Executive was Dame Sharon White (rather than Bob Kerslake, to whom you referred in your request). • Lord Terry Burns was Chair of Ofcom until December 2020. We have searched his email inbox until that date. • Tony Close left Ofcom in April 2020. We were unable to conduct a search of his email inbox as, for the purposes of data protection and good records management, we have a policy to permanently delete all Outlook accounts 6 months after any colleagues leave Ofcom2. We note it is possible that information falling within the scope of the request may be saved elsewhere in a project-specific location but we would require a more targeted request in order to conduct this search efficiently and within the appropriate limit set for compliance with a request stipulated by section 12 of the FOI Act (which, for Ofcom, is 18 hours). In relation to item 2) of your request, I confirm that we do not record phone calls apart from those received into our Contact Centre. We therefore have not referred to this aspect of your request below. Our response Subject to our above clarifications, we have conducted searches of the email inboxes of the relevant individuals for information that Ofcom holds within the scope of your request and have set out our response below. By way of general response to item 1) of your request, we note that: • We do not hold any emails sent to/from Paul Dacre and any of the relevant individuals. • We hold a number of internal media alert emails in which Paul Dacre is referenced in the context of news articles about the process for the appointment of the Ofcom Chair. This includes the following set of news articles: Paul Dacre is just who Ofcom needs to challenge BBC’s liberal left bias (The Times), The Tories must mobilise soon in the culture wars, or they 2 With the exception of Ofcom’s Chief Executive and Chair. Page 2 of 9 may find themselves outflanked (Sunday Times), There is a drive on to destroy the BBC (Guardian), Former ITN boss Carver lined up as interim Ofcom chair (Sky News). • We hold internal emails between our Communications team and members of the Senior Management Team, including Dame Melanie Dawes and Martin Ballantyne, which include the Communications team’s summary and analysis of relevant media and external discussion of the Ofcom Chair appointment, and discussions about the development of appropriate internal and external communications responses. These reports are part of that team’s usual function in keeping the Senior Management Team up to date on external commentary connected with Ofcom. All of the media content referred to in the messages is already in the public domain and a selection has been provided above. However, we are unable to disclose the other content of these emails, which includes the team’s commentary, as we consider this information is exempt from disclosure under section 36(2)(b) of the FOI Act. Section 36 is a qualified exemption, which means that Ofcom is required to consider whether or not the public interest in disclosing the information you have requested outweighs the public interest in withholding the information. In this case, we consider that the public interest favours withholding the information for the reasons set out in Annex B to this letter. In Annex A of this letter, the qualified person for Ofcom – the Corporation Secretary – has confirmed that this exemption applies. In relation to Alison Marsden, we confirm that Ofcom does not hold any information within the scope of items 1) or 2) of your request. In relation to Martin Ballantyne, with the exception of the emails referring to Paul Dacre in the context of news reports outlined above, we confirm that Ofcom does not hold any information within the scope of items 1) or 2) of your request. In relation to Lord Terry Burns, with the exception of the emails referring to Paul Dacre in the context of news reports outlined above, we confirm that Ofcom does not hold any further information within the scope of items 1) or 2) of your request. In relation to Dame Melanie Dawes, we do hold some further information that falls within scope of items 1) and 2) of your request. These emails fall into the following categories: • We hold a small number of emails concerning the administration of the recruitment process. We consider that this information is exempt from disclosure under Section 40(2) of the FOI Act, which provides that personal information about persons other than the requester is exempt where its disclosure would contravene any of the data protection principles in the General Data Protection Regulation and the Data Protection Act 2018. Section 40 is an absolute exemption under the Act and does not require a public interest test. • We hold an email from members of Ofcom’s Public Policy team to Dame Melanie, which provides a summary of an Oral Question about the Ofcom Chair appointment process in the House of Lords. The full transcript of the House of Lords debate can be found in Hansard here and we have disclosed the email in Annex C. Page 3 of 9 Some of the emails captured by the request also contain personal information about a number of Ofcom colleagues and third parties. We consider that this information is exempt from disclosure under Section 40(2) of the FOI Act, which provides that personal information about persons other than the requester is exempt where its disclosure would contravene any of the data protection principles in the General Data Protection Regulation and the Data Protection Act 2018. Section 40 is an absolute exemption under the Act and does not require a public interest test. I hope this information is helpful. If you have any further queries, then please send them to [email protected] quoting the reference number above in any future communications. Yours sincerely, Julia Snape Page 4 of 9 Annex A Freedom of Information: Right to know request Section 36 exemption Some of the information you requested is being withheld as it falls under the exemption in section 36 of the Freedom of Information Act 2000 (the Act). I am a "qualified person" as referred to section 36(2) of the Act and duly authorised by a Minister of the Crown for the purposes of that section. In my reasonable opinion, disclosure of the information requested would prejudice the effective conduct of public affairs.