from: Tim Osborn <t.osbornatXYZxyz.ac.uk>
subject: FW: Freedom of Information Act request (FOI_08-23) - Appeal
to: Keith Briffa <k.briffaatXYZxyz.ac.uk>,Phil Jones <p.jonesatXYZxyz.ac.uk>
Hi Keith and Phil,
I guess we ought to respond to Dave Palmer's request with some detail
about Holland's appeal, in terms of IPCC rule and the location of the
material he wants. Rather than sending multiple emails to Dave,
shall we reply jointly? The appeal is attached. Here are my thoughts:
(1) IPCC rules.
The IPCC rules quoted by Holland refer to "written expert and
government review comments". These are specific items defined by the
IPCC (the comments explicitly solicited by the IPCC on the various
drafts of the reports). These specific items referred to are already
published on the web:
They do not refer to other informal correspondence that we may have
entered into during the writing process.
Therefore the IPCC rules do not require the disclosure of this
informal correspondence and do not, therefore, override the wishes of
these correspondents for their emails to remain confidential.
(2) Amount/location of correspondence.
We haven't looked for the material. Some will likely have been
archived, some will likely have been deleted, some will likely be
mixed in with other emails and would need to be searched for.
Does that sound ok? Didn't want to spend much (more) time on this,
so thought something short would be ok.
>Subject: FW: Freedom of Information Act request (FOI_08-23) - Appeal
>Date: Wed, 4 Jun 2008 13:56:08 +0100
>From: "Palmer Dave Mr \(LIB\)" <David.PalmeratXYZxyz.ac.uk>
>The expected response from Mr. Holland. We now need to invoke our
>complaints/appeal procedure contained within the UEA Code of
>Practice for Responding to Requests
>We have a multi-stage process; first, I try to resolve it
>informally, then it goes to the Director of ISD, and finally, it can
>go to an internal 'Adjudication Board' - we have never reached this
>latter stage on any appeal to date - we usually resolve the matter
>or it ends up with the ICO prior to this stage. Please note, that
>the ICO will not hear an appeal unless all avenues of internal
>complaint process have been explored/undertaken.
>It should also be noted that neither the Act, nor any Code of
>Practice mandates what sort of complaints process we should have;
>merely that one should be in existence, be fair, be known to the
>requester, and used in situations such as this. Please also note
>that we have to provide a time limit for response - in our Code, we
>give ourselves 4 weeks. (28 calendar days)
>I will acknowledge the complaint/appeal and will assess whether
>there is any room for an informal resolution of this request. I
>doubt that there is much room here but I'm bound to look for it...
>Should it go to the Director of ISD, I will prepare a briefing paper
>setting out the issues for him from a FOIA perspective; and then he
>I have not had the opportunity to review Mr. Holland's response
>closely as yet but will do so and get back to you... there are some
>aspects that you may be in a better position to comment on than I
>(e.g.. issues of confidentiality of correspondence; amount/location
>of correspondence) and I would appreciate your input. Michael, once
>we have had an opportunity to review, worth another meeting?
>cc. to Jonathan Colam for information
>From: David Holland [mailto:d.hollandatXYZxyzco.net]
>Sent: Wednesday, June 04, 2008 12:14 PM
>To: Palmer Dave Mr (LIB)
>Subject: Re: Freedom of Information Act request (FOI_08-23)
>I have attached my reply
>----- Original Message -----
>From: <mailto:David.PalmeratXYZxyz.ac.uk>Palmer Dave Mr (LIB)
>Sent: Tuesday, June 03, 2008 4:13 PM
>Subject: Freedom of Information Act request (FOI_08-23)
>Attached please find a response to your request received on 5 May
>2008. If you have any questions don't hesitate to contact me.
>Cheers, Dave Palmer
>Information Policy Officer
>University of East Anglia
Attachment Converted: "c:\eudora\attach\CRU031.pdf"
Dr Timothy J Osborn, Academic Fellow
Climatic Research Unit
School of Environmental Sciences
University of East Anglia
Norwich NR4 7TJ, UK