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,

Category: Uncategorized