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Hi

I suggest that if Bert or Jane wanted to do this, or to offer an abridged account, that you would also run it by me before posting to the list (as I am apparently responsible in being the 'publisher')

Cheers :o)

Mark (list owner)


-----Original Message-----
From: The Disability-Research Discussion List [mailto:[log in to unmask]] On Behalf Of Allan Sutherland
Sent: 10 October 2009 15:51
To: [log in to unmask]
Subject: Re: Its's official GEO does not want Disabled Peoples' Movement and allies to access Sir Bert's and Lady Campbell's resignation letters... What are they hiding?

I suggest that you approach Sir Bert and Lady Campbell and ask them to make 
copies of their letters available for publication on this list.


Best wishes


Allan Sutherland


----- Original Message ----- 
From: "Colin REvell" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, October 10, 2009 12:54 PM
Subject: Its's official GEO does not want Disabled Peoples' Movement and 
allies to access Sir Bert's and Lady Campbell's resignation letters... What 
are they hiding?








Government Equalities Office


Corporate Services





9/F8 Eland House


Bressenden Place


London


SW1E 5DU





T 020 7944 0843


E [log in to unmask]


www.equalities.gov.uk








8 October 2009

















































Our Ref: GEO/09/FOI/000049





Your Ref:












Dear Mr Revell,

I am writing in response to your request for an internal review of the GEO's 
refusal to disclose information you requested on 7 August 2009 under the 
Freedom of Information Act 2000. I apologise for being a day late in 
responding.

You requested copies of the resignation letters of Sir Bert Massie and 
Baroness Jane Campbell as Commissioners of the Equality and Human Rights 
Commission. You then requested a review of the decision on the grounds that 
it was out of order, and that Sir Bert's letter had already been obtained by 
Channel 4 News.

I have been asked to undertake the internal review as a senior official in 
the GEO unconnected with the original decision.  In the light of the grounds 
of your request, I have considered (a) whether the original decision was 
reasonable and (b) whether the fact that one of the resignation letters may 
have been available to Channel 4 News, or indeed to other media sources, 
changes the situation and hence the disclosure decision.

On the first question, refusal to disclose the letters was justified by 
reference to Section 36 of the FoI Act as releasing them would adversely 
affect the free and frank exchange of views for the purposes of 
deliberation. Moreover, the public interest in withholding the information 
was considered to outweigh the public interest in releasing it, because 
Ministers rely on open and honest discussions with Commissioners.

I have considered these arguments, which I believe are legitimate. 
Ministers are responsible for the oversight of the Commission and need to be 
able to have free and frank discussions with all Commissioners so that for 
instance development of policy, running of the Commission and particular 
performance issues can be discussed within a non-public space.  If these 
were to be subject to disclosure, information would be liable to be passed 
on in a much more guarded way which might result in failure to consider 
Commissioners' views properly and take action on them accordingly.

On the second question, I am unclear whether Channel 4 News did indeed 
obtain a copy of Sir Bert's letter, but I am aware that at least one other 
organisation - Disability Now - claimed to have seen the letter, and a 
number of other media sources also quoted from it.  As far as I am aware 
however, this was not as a result of authorised disclosure by Sir Bert, but 
resulted from leaks.  The fact that leaks of such correspondence may occur 
does not affect the need for open and honest discussion between Ministers 
and Commissioners, and to disclose correspondence with the Commissioners - 
including letters which the relevant Commissioners might not wish to become 
public - simply because they had already leaked into the public domain would 
just have the effect of appearing to reward and justify unauthorised 
disclosure.

For these reasons therefore, I agree with the original decision to withhold 
disclosure of the letters.  As before of course, it remains the prerogative 
of the authors of the correspondence to release their letters directly, 
should they wish to do so.

If you are not content with the outcome of this internal review, you have 
the right to apply directly to the Information Commissioner for a decision. 
You can contact The Information Commissioner at: Information Commissioner's 
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Yours sincerely





Charles M Ramsden
Deputy Director


Colin Revell
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