In another turn of events in the five year battle against the Department of Business,Innovation and Skills, the Treasury Solicitor acting on behalf of
Vince Cable has agreed to settle Andrew Withers Leader of the Libertarian Party legal costs out of Court in relation to a Data Protection Request made
in October 2009 in relation to Data held on him by the private office of the then Secretary of State Peter Mandelson.
Despite being ordered to release the data by the Information Commissioner in September 2010, the Department refused to admit any such data was held by the private office.
In October 2010 Andrew with the agreement of the Office of the Information Commissioner applied to the High Court for an order under sec 7(9) Data Protection Act for the private office to reveal the data held. The Treasury Solicitor chose to defend the action with a witness statement from the data protection officer saying that the data 'simply did not exist' . The Hearing was scheduled for January 28th 2011, European Data Protection Day.
Two days before the hearing the Treasury Solicitor asked for a adjournment, introducing an apology and a witness statement that data did after all exist.
The Data from Mandelson's Office is heavily redacted 'to protect the officials concerned' but it does show an extract that Andrew was targeted.
Previously solicitors for Vince Cable on November 12th 2010 objected to a District Judge, to Andrew being the Leader of the Libertarian Party. This was withdrawn on December 3rd 2010 in a telephone conference with the District Judge.
The Treasury Solicitor has agreed to settle costs out of Court by the 28th February 2011, and the Data Protection Officer concerned has agreed to make further Data available in relation to the private office upto January 28th 2011.
Andrew Withers said yesterday-
It is clear that the State, despite the Freedom of Information Act and the Data Protection Act, is still addicted to secrecy, not out of concerns of national security, but to cover the tracks of public servants who are either incompetant or acting on other agendas personal or political. "
It is clear that the State, despite the Freedom of Information Act and the Data Protection Act, is still addicted to secrecy, not out of concerns of national security, but to cover the tracks of public servants who are either incompetant or acting on other agendas personal or political. "
6 comments:
And is sounds as though mandelson gets off scott free. That's a pity. But then it seems as if cable isn't any better.
So what does this all mean Andrew? Is "it" over? Is there ongoing investigations now?
Does this mean they can claim libel if you post the truth?
More importantly this entire escapade has been a period of arrested development on LPUK; how are we going to get back on track?
Congratulations for getting the results you have achieved.
It seems there is and has been an incredibly devious campaign to achieve something I don't really understand.
Was it all about making LPUK an un-floatable ship?
If so someone must be worried?
One more hearing to go.
I am not a conspiracy theorist,but somebody clearly decided to risk ignoring the law and the Information Commissioners ruling to cover up what I have no idea.
The documentation is heavily redacted and despite all of these people being paid by the public purse, their names are removed, as are their functions.
It was only with the threat of a High Court Order did BIS comply with the Law.
Can you request a non-redacted copy?
No chance, the State hates the FOI Act and has a number of strategies to avoid it.
To quote Chris Mullin MP in Decline and Fall on 2nd April 2007.
"The Treasury has been forced under the Freedom of Information Act(another of our liberal reforms comes back to bite us) to disclose the advice given by officials "
This was in relation to Tax Credits being stopped on Dividends, that Ed Balls wrongly said the CBI agreed with.
They have learned nothing in the intervening four years.
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