Dear Mr
Belchamber,
The FOI Appeal
Panel have now reviewed the questions you presented under the Freedom of
Information Act 2000 in your email of 4 July 2011 and the FOI Manager’s response
to those questions of 1 August 2011, our findings are as follows:
That the FOI
Manager has responded to your questions in accordance with the FOI Act 2000.
Question 1.
The FOI Manager has already
provided you with the appointments of
those making decisions on behalf of Dorset Road Safe and therefore we can see no
benefit in supplying names,
as evidence
provided by the campaign you are running against Dorset Road Safe, its'
partners and
various other public authorities would give clear indication that you would only
make use of any names supplied in a derogatory or abusive manner
The decision of
the panel is that the names will not be supplied in accordance with FOI and Data
Protection Acts.
Question 2.
Not appealed.
Question 3.
The FOI Manager has correctly supplied you on your previous requests the
reasonings for the placement of the Speed on Green Camera at Hole’s Bay and does
not have to repeat those answers - they have not changed. – Appeal not upheld.
Question 4.
The FOI Manager has classed this question as not a valid question under the Act
– this stance the panel would support as you are asking for a response based on
your conjecture and opinion. The reasoning for the placement of the camera
has been explained; how you interpret the reasoning for the said placement of
the camera is not for the FOI Manager to make comment. – Appeal not upheld.
Question 5.
The FOI Manager has previously responded to this question and does not
have to repeat those answers. Additionally, the panel has seen no qualified
evidence in
Dorset to support your opinion and the FOI Manager does not have to
comment on your opinions. – Appeal not upheld.
If you wish to
challenge the Appeal Panel findings you may do so by writing to:
The Information
Commissioner
Regards
FOI Appeal Panel
SEES Department
From:
Ian Belchamber (gmail) [mailto:ianbelchamber@gmail.com]
Sent: 07 August 2011 14:05
To: .Dorset Roadsafe; Stephens,
Johnny
Cc: Austin, Brian
Subject: Re: FOI requests
Dear Mr Stephens,
I
am not satisfied with the FOI response given below
1.
I would have no problem with my name being put to any of my business decisions,
as I can show that when I made them, I was acting in good faith, to the best of
my ability, based on proper and adequate understanding at the time and with the
right aims and motivations. It is true that some of them may have been
unpopular, or even turned out later to be wrong, in which case I am happy to
admit I am not perfect (no one is) and apologise. NOTHING would cause me any
“damage or distress” because I have been professional and honest. If I had been
unprofessional or dishonest, I would most certainly fear “damage and distress”,
but that is entirely as it should be. It is in the public interest to uncover
badly made decisions that were clearly bad at the time, in order to improve.
Those who have sought public office / responsibility should not try to hide (or
hide others) if they make bad mistakes.
3.
Dorset Road Safe has never admitted that the record making southbound HBR cam
COULD NOT POSSIBLY have reduced KSI count and therefore that the decision to
increase resource here, instead of where it might have been possible to reduce
KSI, may well have cost lives. Please can you admit this now.
4.
I’ll take your refusal to answer this question as “no”. Dorset Road Safe staff
should be ashamed of themselves. Everyone else in the country can see that this
is a cash cow cam and that this damages proper road safety intentions both
directly and indirectly.
5.
You are incorrect, there is evidence, some of which was put to Dorset Road Safe
last year. And why would such evidence have to be within
Dorset? If it is relevant in other counties, why would it not be in
Dorset?
Please review the evidence:
http://www.dorsetspeed.org.uk/news/sog65.aspx
http://www.safespeed.org.uk/sideeffects.pdf
And let me know in what ways this evidence is incorrect.
In
more general terms I should remind you that the overall behaviour of all those
involved with Dorset Road Safe has been and seems to be continuing to be quite
appalling and if this was not the case, my “campaign” if this is what is has
become would have stopped a long time ago. It is entirely proper and appropriate
for information to be sought to demonstrate the problems.
Ian
Belchamber
Sent:
Monday, August 01, 2011 3:01 PM
Subject:
RE: FOI requests
Dear Mr
Belchamber,
Serial Number:
0001/07/11 (Please quote this reference in future correspondence regarding this
submission).
Thank you for
your email of 4 July below. Under Section 1 (1) (a) of the Freedom of
Information Act 2000, I can confirm that I do have access to some of the
information you have requested. Please be advised that under section 17 of the
Act please treat this response as a refusal to supply the information you have
requested for some of your questions for the reasons stated below.
1. On 19
August 2010 I supplied you with the partner organisations & the process for any
decisions regarding the camera at Holes Bay – I do not have to repeat that
process again except to emphasise that any decision made on the day to day
organisation (including the positioning of cameras) is a partnership decision as
was the decision to install the camera at Holes Bay, this decision was supported
by members of Poole Borough Council.
After reviewing
legal opinion and after discussions with the Information Commissioners Office
(ICO) I can see no benefit to the general public in supplying individual names
of the partner members that attended any meetings at the time in question as
empirical evidence of the nature of your campaign held on file would clearly
indicate that you would only use any such information in a derogatory manner,
insulting and abusing the named individuals rather than for any reasonable
benefit to the general public.
Therefore I
decline to supply the requested information under Section 40 3a (ii) of the FOI
Act 2000 and Section 10 of the Data Protection Act 1998 as processing that part
of your request would be likely to be used only to cause damage and distress to
the named individual.
However, I will
supply you the posts and/or appointments held by members within their own
organisation that make up any decision making process for the installation of
safety cameras, please be aware that the actual incumbent of that post and/or
appointment may have changed since the period relating to your question:
Assistant Chief
Constable,
Dorset Police
Road Safety
Portfolio Holder from Bournemouth, Dorset and
Poole Councils
Head of SEES,
Dorset Police
Head of the Fixed
Penalty Department,
Dorset Police
Road Safety
Managers Bournemouth, Dorset and
Poole Councils
Representatives
from the Crown Prosecution Service, Highways Agency and Her Majesty’s Court
Service.
If you wished to
challenge the positioning of a safety camera you may do so by writing direct to
Dorset Road Safe where persons holding the above posts and/or appointments would
be made aware of any complaint.
2. I know
of or can find no record of any objections lodged to the placing of the said
camera within the Dorset Road Safe partnership – however I cannot answer that
question on behalf of all members of Poole Borough Council that are not directly
appointed to the Dorset Road Safe partnership.
3. I have
previously responded to this question and information relating to the reasoning
for placing the said camera is available on the website therefore this request
is classed as vexatious under Section 14 of the FOI Act 2000 as it is repeated
and/or raising the same issue.
4. This is
conjecture on your part and is not a valid FOI question – I will not respond on
this subject again and any linked future request on this subject matter will be
deemed vexatious under Section 14 of the FOI Act 2000.
5. I have
previously responded to this question but would however emphasise that there is
no evidence to support your claim within
Dorset. Any linked future request on this subject matter will
be deemed vexatious under Section 14 of the FOI Act 2000.
Finally please be
advised that legal opinion has been sought, along with discussions and guidance
from the ICO which clearly support the stance that if a request is classified as
repeated, reworded or deemed to be re-raising a previous issue or campaign it
can be classed as vexatious and it is clear that the FOI Act is not the medium
for any such campaign.
For your
information in previous decision notices issued by the ICO concerning sustained
campaigns by individuals against public authorities the following wording is
appropriate:
"The Information Commissioner has also stated that using the FoI in long running
disputes, is clearly inappropriate and the examination of the previous history
of the applicant and their requests to public authorities is also very relevant
to making an individual vexatious."
You may wish to
review Section 14 of the FOI Act 2000 for your reference.
In the event that
you wish to complain about the manner in which your enquiry has been handled,
you should write in the first instance to:
FOI Appeal Panel,
SEES Department
Dorset Police
Dorset Police
Headquarters
Winfrith
Dorset
DT2 8DZ
Regards
Brian Austin
Freedom of
Information Manager
From:
Ian Belchamber (gmail) [mailto:ianbelchamber@gmail.com]
Sent: 04 July 2011 21:58
To:
.Dorset Roadsafe; Austin, Brian
Cc:
Garrett, Pat;
Stephens, Johnny
Subject: FOI requests
As
I've had no response or acknowledgement to my recent email, I'll put the
questions more formally:
1.
Please could I have a list of names, of individuals who planned and supported
the installation of the speed on green camera on
Holes Bay Road.
2.
Please could you also list any objections / objectors.
3.
Does Dorset Road Safe agree that the installation COULD NOT POSSIBLY have
reduced the KSI count as shown in the statistics for the site on the Dorset Road
Safe website, and therefore that the decision to increase resource here, instead
of where it might have been possible to reduce KSI, may well have cost lives?
4.
Does
Dorset road safe understand that the inevitable record making income
from this camera, in conjunction with massively rising driver awareness
courses, and irrelevant contribution to road safety, can only be interpreted as
an effort to make money, rather than save lives?
5.
In a previous FOI response Dorset Road Safe indicated that it had no knowledge
of any negative effects of speed cameras (and appallingly, refused to consider
talking to operators who would be quite capable of feeding back such
information). I later circulated an email detailing a likely 28,000 accidents
CAUSED by speed cameras, and a video actually showing 2 high speed crashes
caused by panic reaction to seeing a camera, and 2 further articles detailing
such negative effects, one of which DRS would have been aware of last year.
Could Dorset Road Safe please review this question to see if any adjustment to
the previous response is appropriate?