Email to ICO re House of Commons Commission

Dear Sirs
I am writing to complain about the House of Commons Commission's failure to answer my request for environmental information:

http://www.whatdotheyknow.com/request/environmental_information_in_min

The House of Commons Commission have stated that:

"For the avoidance of doubt the House of Commons Commission is not a public authority within the meaning of the Environmental Information regulations."

I believe the House of Commons Commission is a public authority by virtue of regulation 2(2)(c) ("any other body or other person, that carries out functions of public administration"). I note the following facts in support of my argument:

(1) "The House of Commons Commission is the overall supervisory body of the House of Commons Administration."
http://www.parliament.uk/mps-lords-and-offices/offices/commons/house-of-commons-commission/

(2) The House of Commons is part of the United Kingdom legislature and is itself a public body which is publicly funded.

(3) "Its [the House of Commons Commission's] responsibilities include:

• appointing staff of the House
• preparing and laying before the House the Estimates for the House of Commons Service
• allocating functions to House departments
• keeping staff pay and conditions broadly in line with those of the Civil Service.

The Commission was established by the House of Commons (Administration) Act 1978."
http://www.parliament.uk/mps-lords-and-offices/offices/commons/house-of-commons-commission/

(4) I consider the House of Commons Commission's functions to be public because they relate the pay and conditions of public officials and the work of publicly funded House departments in support of a key part of UK legislature.

(5) I consider the House of Commons Commission's functions to be administrative because of its supervisory role in relation to the House of Commons Administration and its appointment of public officials but also because the House of Commons Commission was established by the House of Commons (Administration) Act 1978 ["An Act to make further provision for the administration of the House of Commons."]

I believe I have presented a concise, referenced and persuasive argument in my email above and therefore I urge to issue a Decision Notice which makes clear that the House of Commons Commission is a public authority and as such must comply with the Environmental Information Regulations 2004.

regards,

...

ICO release Data Protection Register details

"...I am upholding the original decision, and we will not be supplying you with a copy of the full Register. Instead, as you are aware, you will be able to access it via our website.

However I fully understand the frustration expressed in your recent email as a result of our handling of your original request. In view of this I have decided to send you a file which includes the registration numbers of all organisations currently registered with us. In order to access the
organisations’ details you will need to cut and paste each registration number into the search facility on the Register, this will return the full details for that organisation."

I welcome this disclosure it is a small step towards increase transparency but I really don't see why they could not have released much more.

ICO response

DCLG

The Department of Communities and Local Government told to improve its handling of Freedom of Information requests after delays of up to 400 days.

http://www.lgcplus.com/News/2008/11/dclg_rapped_over_information_delays.html

"In accordance with his enforcement strategy, the Information Commissioner has conducted
an audit of a number of section 50 complaints concerning the Department for Communities
and Local Government (the ‘Department’). As a result, the Commissioner is of the view that
the Department’s procedures do not conform to the following Code of Practice issued by the
Secretary of State for Constitutional Affairs in November 2004:..."

Practice Notice