Buy

Books
Click images for more details

Twitter
Support

 

Recent comments
Recent posts
Currently discussing
Links

A few sites I've stumbled across recently....

Powered by Squarespace
« Future directions for scientific advice in Whitehall | Main | Briefer please »
Thursday
Oct252012

More UEA footdragging (Part One)

This is a guest post by Don Keiller.

As many readers at Bishop Hill are aware I won a “major FOI victory” over UEA last December.

One might be forgiven for thinking that the Tribunal Decision would have been the end of the matter. However UEA and their increasingly rich lawyers had other ideas. Is it simply coincidence that Mills & Reeve are building shiny new offices here in Cambridge? 

What follows is, by necessity, a considerably foreshortened summary. The total correspondence between, myself, the Tribunal Judge, Mills & Reeve and the Information Commissioner’s Office (ICO) comes to over 40 pages. To make this story easier to follow, quotations from emails/letters are in italic for those sent to me, with my responses in bold.

Following the Tribunal Decision the ICO contacted all parties informing them that they had 28 days to make an appeal.

Under Rules 41 and 42 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 you may apply for the Tribunal’s decision to be set aside or for permission to appeal against the decision. An application to set aside or for permission to appeal must be received in writing by the First-tier Tribunal (Information Rights) Team within 28 days of the date of this notice.” 

Knowing UEA I fully expected them to appeal the Decision, but 28 days came and went. The first indication that all was not well was when I received an email from Mills & Reeve on 19 March 2012. Ten days after the 49 days the Tribunal Judgement had given UEA to respond.

Dear Sirs. We continue to act on behalf of the University of East Anglia in respect of the above matter.  We attach a letter for the Tribunal's urgent consideration.

There is then quite a bit more, largely irrelevant, legal waffle before they get to the crux of the matter.

The cost of the independent contractor may be in excess of £25,000, which the University considers would be disproportionate and manifestly unreasonable. Given the significant use of public funds that the searches will entail and the University’s fiduciary duties as a charity to account for its expenditure, please would the Tribunal confirm as soon as possible that it requires the University to instruct HP to proceed with its searches on the terms above, or whether the University is permitted to serve a Refusal Notice on the basis of the cost of compliance.

So the University is trying to claim that it is too expensive to carry out a search (using Public funds, I might add!!). Neither should we forget that UEA has had no qualms about throwing £1000s at their lawyers to frustrate legitimate F.O.I. requests. I wonder whether the “University’s fiduciary duties as a charity” fessed up to this?

One day later I received an email from the First-tier Tribunals (Information Rights) Team Leader which stated:

Dear Parties,

Please note in the absence of the Tribunal Judge who ruled on this particular case I have referred the matter to the Principal Judge for instruction.

Concerned that the new Judge would be unaware of UEA’s somewhat chequered history with respect to complying with FOI requests, I emailed the First-tier Tribunal.

As the appellant in this matter, I believe that I should also be able to respond to this letter, before the Judge makes a decision, so that I can provide some balance to the claims being made about the technical difficulties, time and expense that UEA are alleging.

In this connection I would note that U.E.A. is almost certainly in possession of copies of the emails in question, having commissioned Qinetiq to extract them, within a short time frame, to meet the requirements of the Muir Russell enquiry.

In effect there is no need to search "multiple back-ups of 60 machines", on the backup server, as alleged, rather just three  pen  drives containing the emails extracted from said server associated with the computers of the researchers (including Professor Jones) in question. UEA has already paid Norfolk Constabulary £10,469.25 for this service and the pen drives remain in UEA's possession.

Finally I note that UEA were unconcerned about the time and expense incurred when employing a national firm of solicitors and a top-ranked barrister in an attempt to frustrate a legitimate F.O.I. request.

My email resulted in an additional email from UEA’s solicitors.

We refer the Tribunal Judge to the work of Professor Peter Sommers who was instructed by the Muir Russell Review Team to look at the back up server held by the Norfolk Constabulary.  A copy of Professor Sommers' report is available at http://www.cce-review.org/evidence/Report%20on%20email%20extraction.pdf

 on the Climate Change Independent Review website.

In his report dated 17 May 2010, Professor Sommers sets out his terms of reference, notes the extraction of data from the back up server by Qinetiq and comments on the difficulties of analysing the emails on the back up server.  We are instructed that the University is not in possession of the three thumb drives containing the data extracted from the back up server by Qinetiq.

Here UEA are trying to overplay the technical difficulties associated with email extraction and also claim they no longer possess the pen drives produced for Muir Russell. Clearly a further reply was needed.

 I am aware of the report produced by Professor Sommer, however his report  was based on the requirements of the Muir Russell Review where a much wider extraction and analysis of all emails, for the 3 researchers in question, was needed and highlighted the difficulties associated with such a broad and systematic analysis.

 The precise purpose of this search was described by the Government’s Chief Scientific Advisor, Professor Sir John Beddington.  In evidence to the House of Commons Committee on Science and Technology, given on 1 March 2010, he stated: “Muir Russell is going to be doing a detailed and comprehensive study, he is going to look at emails in context”.

The key term is “in context” as this requires not only that each individual email is extracted, but also that it is placed in order with other emails from that particular line of correspondence. I have no doubt that this is a monumental task, but contrast it with the request in this case, which is for a single email, sent on a defined date, 15th January, 2009. This latter fact is made clear by “Climategate” 1320.txt in which Professor Jones states “Dave, I sent some of the station data to a Jun Jian at Georgia Tech on 15 Jan 2009”.

Accordingly I argue that no “exceptional method of searching by the University” is required to meet the Tribunal’s Decision (EA/2011/0152).

Furthermore I am surprised to hear that UEA has informed its solicitors that “the University is not in possession of the three thumb drives containing the data extracted from the back up server by Qinetiq”. This begs the obvious question of what has happened to these thumb drives that were specifically obtained for the Muir Russell Review and owned by the University for Data Protection. I find it incredible that emails, relevant to a Parliamentary enquiry and an ongoing Police investigation, are no longer in the possession of the University. Can UEA confirm that they are not being held, on behalf of UEA, by a third party?

Finally  to confirm that the relevant email is not still in the possession of UEA, or Professor Jones, I hereby ask the Tribunal to instruct UEA to submit a sworn affidavit, from Professor Jones, confirming that he has never altered, defaced, blocked, erased, destroyed, or concealed any record held by UEA, the public authority where he is an employee, with the intention of preventing the disclosure by that authority of all, or any part, of the information to which the applicant would have been entitled. Neither does he still retain in his possession, in electronic, or other format, the email sent to Jun Jian at Georgia Tech on 15 Jan 2009.

The last paragraph is a highly speculative “long-shot”, but wouldn’t it be good to try and put Professor Jones who has been described by James Delingpole as “disgraced, FOI-breaching, email-deleting, scientific-method abusing” on the spot?

http://blogs.telegraph.co.uk/news/jamesdelingpole/100083071/uea-the-sweet-smell-of-napalm-in-the-morning/

The reply was absolute silence, so on 20 April 2012 I sent a further email reminding UEA of the Tribunal Decision.

The Substituted Decision Notice (EA/2011/0152) required that:

Within 70 days of the date of this judgement UEA are to report to the Tribunal and the Appellant the outcome of the enquiries listed and are to take all practical steps to either:

a. Recover a copy of the back-up server or

b. Arrange the interrogation of the back-up server or

c. Arrange for an independent contractor to inspect the back-up server, as the case may be.

 I would wish to know what progress has been made with regard to each of these requirements.

Mills & Reeve replied dismissively the very same day.

Dear Dr Keiller

By Mills & Reeve's letter dated 19 March 2012, to which you were copied electronically, the University confirmed the status of its enquiries of the Norfolk Constabulary as required pursuant to paragraph 2 of the substituted Decision Notice dated 18 January 2012.  As at today's date, we await the Tribunal's confirmation of the University's obligations pursuant to the Tribunal's decision and our letter of 19 March.

However the Information Tribunal did not see things in quite the way UEA might have hoped, because on the 23rd.  March they sent this letter.

I have now considered the written representations submitted on behalf of UEA and by Dr Keiller. Having looked at the Regulations governing the conduct of Tribunal proceedings I cannot see that any of them admit the possibility of the type of refinement of the substituted Decision Notice (SDN) now being sought by UEA. UEA were given an opportunity at the relevant time to make representations as to the terms of the SDN and did not seek to introduce any element in relation to capping costs at this particular stage. I do not believe that the Tribunal has the power to do that now. It seems to me that UEA's options are either to comply with the SDN or seek to appeal (out of time). I cannot see that there are any other options available.

I would also take this opportunity of reminding the parties that enforcement of a SDN is a matter for the Information Commissioner and not the FTT.

Game set and match. However little did I know how crucial the last sentence of this Judgement would become in UEA’s future attempts to frustrate the Tribunal’s Decision.

There then followed a bit of back pedalling by Mills & Reeve in their email of the 26th. March.

We confirm that the purpose of our letter dated 19 March 2012 was not to seek an order of the Tribunal under Part 4 of the Rules, but to instead seek the Tribunal's direction (pursuant to Rule 2; namely the requirement on the Tribunal to give effect to the overriding objective to, amongst other things, deal with cases "...in ways which are proportionate to ... the anticipated costs...") on the manner in which it had intended the parties to implement its substituted decision notice of 18 January 2012. 

We confirm that UEA has now instructed the independent contractor (HP) to proceed with the searches of the scope identified in our letter of 19 March 2012 as an exceptional case.

In accordance with paragraph 4 of the Tribunal's substituted decision notice of 18 January 2012, within 20 days of the completion of such interrogation by HP, UEA will report to the Tribunal and the appellant the result of those enquiries confirming the existence or non-existence of the email and confirming whether it will be disclosed or whether the University intends to rely on any alternative exemption. 

Again note the final paragraph. UEA and their lawyers are still looking for some minute detail to wriggle out of complying with the Tribunal’s Decision. Hence my reply.

 I note the submission by Mill & Reeve on behalf of the University of East Anglia.

I am pleased that the University has instructed the independent contractor (HP) to proceed with the searches and I await the outcome of these searches.

I also note the caveats and will respond accordingly should this prove necessary.

Neither did the Tribunal Judge like UEA’s latest caveats and responded the very same day.

The Tribunal Judge has considered the email from Mills & Reeves of 26 April. The Tribunal Judge's firm view is that the judgement issued in these proceedings concluded the proceedings and the Tribunal consequently has no power to issuing Directions post-judgement. To suggest otherwise is to suggest that there is a power to vary a judgement outside of Part 4 of the 2009 Regulations and outside appealing the judgment. If any party is going to seek post-judgement Directions such an exceptional application will have to be supported by very clear authority that the Tribunal has such a power.

There then followed a further long silence until on 12 June 2012, when I received a short covering letter from Mills & Reeve, plus a report from HP Enterprise Security Services titled: “Email Investigation for UEA – Case name Black Grouse” detailing the search they had undertaken for UEA and requesting that I, as recipient:

Agrees to maintain such information in confidence and to not reproduce or otherwise disclose this information to any person outside the individual(s) or entity directly responsible for evaluation of its contents”.

Furthermore

“All information in this report is provided in confidence. In addition to the confidentiality of the information, the content of this report may be commercially sensitive. Any disclosure of this report would significantly damage HP commercial interests because the company has invested considerable time, effort and know-how into the University of East Anglia’s project, in which it aims to differentiate itself from its competitors.”

Oh dear!

Given that I cannot divulge any of the information in the above report, under pain of prosecution, I will have to rely on hearsay evidence, taken from my subsequent correspondence with Mills & Reeve, to shed light on its dark and secret content.

Sirs, I note the receipt of your email sent Tue 12/06/2012 12:02 attaching a letter to the First-tier Tribunal (Information Rights) and a copy of HP Enterprise Security Services Limited's report, dated 1st. June 2012, which concludes as follows:

A total of twenty nine thousand and ninety two (29,092) emails were identified bearing a 'Sent' date between 01 January 2009 and 31 January 2009 (across all backups). Following a de-duplication process, one thousand two hundred and fifty five (1,255) of these were identified as being unique. Further filtering based on the 'Sent' person identity of 'p.jones@uea.ac.uk', and included a recipient name bearing '@gatech.edu', showed no emails present."

Accordingly, UEA is unable to provide the information sought by Dr Keiller in his request dated 14 August 2009, namely; "A copy of any instructions or stipulations accompanying the transmission of data to Peter Webster and/or any other person at Georgia Tech".

Whilst I appreciate the work that has gone into this search, unfortunately the parameters under which this search was undertaken were fundamentally flawed.

Apparently HP Enterprise Security Services were working using the search criteria set out by Mr. Brian Summers (Registrar & Secretary, University of East Anglia) to identify:

• Copies of any emails sent from Prof. Phil Jones' UEA email account, i.e. with sent from address containing "p.jones@uea.ac.uk"; and

• sent to a Georgia tech email account, i.e. with sent to (or CC) address containing "@gatech.edu"; in the time period

• between 1 January 2009 and 31 January 2009.

It is not at all surprising that this search for a recipient name bearing

'@gatech.edu', showed no emails present. This is because the recipient name '@gatech.edu' was not the correct search target.

In fact the correct email address of Professor Peter Webster is ‘pjw@eas.gatech.edu’. This can be confirmed at Georgia Tech’s staff directory;

http://www.gatech.edu/directories/index.html?index=0&name=Webster%2CPeter

I find it astonishing after all this time that such a basic and completely avoidable error could have been made.

Accordingly I insist that the search is repeated, this time using the correct target parameter, namely “@eas.gatech.edu”.

Essentially UEA was doing everything in its power to prevent a successful search for the requested email, whilst giving the superficial appearance of compliance. Unfortunately the Tribunal Judge now washed his hands of the matter.

The Tribunal Judge acknowledges receipt of the email letter and report from UEA and the response from Dr Keiller. However the Tribunal Judge wishes to emphasise again that any issues relating to the enforcement of the Substituted Decision Notice must be addressed to the Commissioner and not to the Tribunal. No further correspondence in relation to this matter should be submitted to the Tribunal.

So off I went, cap in hand, back to the ICO. The same ICO, I note, that has found repeatedly in UEA’s favour, on F.O.I. matters, only to have their “judgment” overturned on appeal.

It is clear from the recent submissions by Mills and Reeve, on behalf of UEA, that the search for the email, conducted by HP Enterprise Security Services, as required by the Substituted Decision Notice (Case No. EA/2011/0152), was fundamentally flawed, as an incorrect search parameter, "@gatech.edu", rather than "@eas.gatech.edu" was used (see my email of 12 June 2012 16:14 for full details).

Accordingly I would wish to know what action the Commissioner intends to take to ensure (correct) enforcement of the Substituted Decision Notice?

There then followed a lengthy exchange of correspondence with Mills & Reeve, culminating in this request.

You state that:

"HP has confirmed that the search terms it used whilst conducting the investigation included "gatech.edu". HP has informed the University that it had noticed the use of "eas.gatech.edu" and therefore considered it appropriate to use a search term that would include these addresses also”. 

Given this statement I have examined HP's report very carefully.

At no point in the report provided by HP does it refer to the use of a search parameter "eas.gatech.edu", nor does it state that any alternative search parameter, other than "@gatech.edu" was employed. Furthermore it does not state explicitly, or implicitly, that any alternative search parameter, or "wildcard" target parameter, was employed in their search.

If I am to have any confidence in the scope and stringency of the search process conducted by HP Enterprise Security Services, on behalf of UEA, I will require a written and signed statement from  Mr. XXXXXX (Senior Forensic Consultant) confirming the use of the recipient name search parameter "@eas.gatech.edu", in the aforementioned search.

Furthermore the precise date of the requested email is known. Moreover it is known to UEA and that an additional named person " Jun Jian" was the intended recipient of the email. This is stated clearly in the transcript of the email below.

http://www.ecowho.com/foia.php?file=1320.txt&search=Jun+Jian+at+Georgia+Tech

I find it surprising that Mr. Brian Summers did not request HP to conduct the search in this more precise manner.

Accordingly to have confidence that the search for this email is conducted properly, using the relevant target parameters, I request a further search for this email using the precise date, "15 Jan 2009" and also for the intended recipient "Jun Jian".

There are no prizes for guessing why UEA did not take this particular route when it commissioned its “search”.

The reply from Mills & Reeve, sent on July 2nd.  was short and sweet.

We acknowledge your email of 28 June 2012.

The University has complied with the substituted decision notice of the Tribunal dated 18 January 2012 and proposes to take no further steps.

So 166 days after the Tribunal Decision, which required UEA to search for the email “sent by Prof Jones to Georgia Tech on or about 15 January 2009”, the forces supporting disgraced, FOI-breaching, email-deleting, scientific-method abusing people appeared to have won the day.

See what happens in Part 2!

PrintView Printer Friendly Version

Reader Comments (47)

Staggering.

They have no shame.

Oct 25, 2012 at 2:10 PM | Unregistered CommenterStuck-Record

And they wonder why they are held in such contempt.

Oct 25, 2012 at 2:19 PM | Unregistered CommenterAgouts

Don when the history of the corruption of climate science is written, you will be one of its heroes. Please do not let these bar stewards grind you down. Looking forward to Part 2.

Oct 25, 2012 at 2:26 PM | Unregistered CommenterDolphinhead

Cculd you post the name(s) of the lawyers? (Might be useful for fraudsters, conmen, politicians, etc.in need of representation).

Oct 25, 2012 at 2:28 PM | Unregistered CommenterZT

Cover ups are often so much more damming than the original acts. I wonder if Judicial Review is the route to go down? It would be expensive.

Oct 25, 2012 at 2:33 PM | Unregistered CommenterMike Fowle

The only words I can think of are of Anglo Saxon origin, snip snip snips.

Oct 25, 2012 at 2:47 PM | Registered CommenterBreath of Fresh Air

O.T. - just had a sales call from someone pushing loft and cavity wall insulation, with the most bizarre sales pitch ever. Apparently, if I install insulation it will help the government avoid fines in 2015 for failing to meet EU targets.

As if that's going to convince anyone!

Oct 25, 2012 at 3:05 PM | Unregistered Commentersteveta

ZT, it would not be inappropriate to publish the names of lawyers involved.
They are paid to do a job and he (or she) who pays the piper calls the tune.

I'm sure the groups you name can do perfectly well without my help.

Oct 25, 2012 at 3:13 PM | Unregistered CommenterDon Keiller

My overriding conclusion.

The law is an ass.

Oct 25, 2012 at 3:21 PM | Unregistered CommenterGeckko

Don

This is a super story, great work by you and I cant wait for the next episode mate!

Oct 25, 2012 at 3:48 PM | Registered CommenterDung

Can you post a link to the substituted decision notice?

Oct 25, 2012 at 3:57 PM | Unregistered CommenterRB

This looks like it could make another good book along the lines of The Hockey Stick Illusion.

Oct 25, 2012 at 4:05 PM | Unregistered CommenterPhillip Bratby

How much does a top firm of solicitors charge for writing a letter?

Oct 25, 2012 at 4:07 PM | Registered CommenterPhillip Bratby

Well done, Don! You have the patience of Job and the determination of the Poles at Monte Cassino.

Oct 25, 2012 at 4:08 PM | Unregistered CommenterJames Delingpole

I love the "Case name Black Grouse" designation. Very Smiley of them.

Oct 25, 2012 at 4:16 PM | Registered CommenterHaroldW

Unbelievable - but well done!

I would imagine that Jame Dellingpole would be interested in these machinations.

I may be a tad premature but I do feel we are about to embark upon a series of revelatory MSM investigations. We have Hillsborough, The Rochdale social services debacle saying child abuse is a lifestyle choice by the child and of course the Saville revelations. Now I am most certainly NOT linking anyone to the later two and only mention them because both (and the first) are giving back some credibility to the MSM after the Murdoch phone hacking debacle.

If we do get back to proper investigative reporting then there will be those waiting and looking for a sacred cow to look into.

I can think of no other bigger sacred cow than the easy ride the MSM has been giving "The Team" of CAGW over the last few years.

Wishful thinking? Possibly - but a blow by blow verifiable account as set out above could well be the starting point.

And the mood is certainly different now than it was a year or two back.

Oct 25, 2012 at 4:21 PM | Unregistered CommenterDoug UK

Accrording to one of Isaac Asimov's characters, (I forget who); violence is the last refuge of the incompetent. Reading this and other similar stories seems to be making me more and more incompetent.

Oct 25, 2012 at 4:24 PM | Unregistered Commenterpesadia

lies plied on lies , they wish to be taken as serious scientists, amazing !

Oct 25, 2012 at 4:26 PM | Unregistered CommenterKnR

Mr Bratby

I was told by a reputable but not huge firm of solicitors in tiny Atherstone that any work they did would cost me £250 per hour, needless to say I did not pursue their offer.

Oct 25, 2012 at 4:47 PM | Registered CommenterDung

Don, you cruel bugger, post the second episode now. Don't make us wait! ;-)

Oct 25, 2012 at 5:00 PM | Unregistered CommenterMichael Larkin

I take my hat off to you sir. You've been like a terrier with a bone over this. Many would have given up long before, which of course seems to be what they are trying to achieve.

What are they trying to hide?

Oct 25, 2012 at 6:03 PM | Unregistered CommenterJohn

Dung - I think you could at least double that for Messrs Mills & Reeve. I'm sure they'd hate to be thought of as cheap...

Oct 25, 2012 at 6:20 PM | Unregistered CommenterJames P

"Given the significant use of public funds that the searches will entail and the University’s fiduciary duties as a charity to account for its expenditure.."

Yet think how much they could have saved by giving a few straight answers at the outset!

Oct 25, 2012 at 6:23 PM | Registered Commenterjamesp

jamesp:

Indeed. But that would have meant telling the truth, which is not something that comes naturally to the UEA and its vice-chancellor.

Many, many years ago, there was a brainy but lazy boy at school with me. We all had to read out a simple story we had been asked to write. His seemed, initially, curiously complex, then suspiciously long, given that it was apparently contained on the single sheet of paper held in front of his face.

Needless to say, the paper was blank. A lesson here, I would say, for Edward Acton.

Oct 25, 2012 at 6:43 PM | Unregistered CommenterAgouts

Here it is RB
http://www.panopticonblog.com/wp-content/uploads/2012/01/Keiller-v-IC-and-University-of-East-Anglia1.pdf

Oct 25, 2012 at 7:21 PM | Unregistered CommenterDon Keiller

Is UEA's contractor aware of "CTRL+F", which usually works well on most lists & documents.

Possibly comparing Apples with Oranges, but a simple commercial database (ChessBase) may contain millions of games; each having the potential of millions of unique positions.

A simple search for player, date, competition, position, sequence of moves, material, result, and many other variables takes but a few seconds on a £500 laptop.

Just how hard must it be to search 1,255 headers, for a match given the one-of-many multiple criteria you've requested?

Is there a crime of Deliberate Obfuscation?

Oct 25, 2012 at 7:25 PM | Unregistered CommenterJoe Public

http://www.lawsociety.org.uk/get-in-touch/freedom-of-information/

http://www.lawsociety.org.uk/get-in-touch/complaints/

Oct 25, 2012 at 8:28 PM | Unregistered CommenterAnoneumouse

It's Climate Scientology now.

Oct 25, 2012 at 9:19 PM | Unregistered CommenterMickey Reno

"footdragging"

More like playing the old soldier and a decidedly lame one!

Oct 25, 2012 at 9:21 PM | Registered CommenterGreen Sand

Don - well done fx: applause / whistles.

Being partly involved with another epic FoI with the Environment Agency who incompetently eventually gave us more than we'd ever hoped... :-) = the EA have now changed strategy and are asking for £37.5K to process a new FoI request with some extraordinary hourly rates chucked in.

Possibly some more about this over the next few days here.

EA ... UEA....

Oct 25, 2012 at 9:30 PM | Registered Commentertomo

Dr Keiller
There are those (many?) of us who depend on the valiant efforts of such as you.
Please, please continue.

Oct 25, 2012 at 9:59 PM | Unregistered CommenterHeretic

If I were a member of the UEA staff or one of their students I would feel ashamed of my institution. If this had happened in the 1960s the students would have occupied the administration building to protest about the handling of this affair by the VC and other senior university officials.

It is a pity that students are prepared to put up with such dishonesty today.

Oct 25, 2012 at 10:38 PM | Unregistered CommenterRoy

I love the missing thumbdrives...what did they do, eat 'em?

Oct 25, 2012 at 11:19 PM | Unregistered CommenterJay Currie

Holy Guacamoe! This is astonishing and confirms my belief that western democracies are in trouble. Accountability, if there is such a thing is evaporating fast and in many areas.

With respect to this post I can only hope that this article is read widely, as it deserves to be.

Oct 26, 2012 at 1:37 AM | Unregistered CommenterRandizzle

Well done - the ducking and diving is almost unbelievavble. Like everybody else, I can hardly wait for the next instalment.

But I think Roy at Oct 25, 2012 at 10:38 PM strikes exactly the right nerve:

If I were a member of the UEA staff or one of their students I would feel ashamed of my institution. If this had happened in the 1960s the students would have occupied the administration building to protest about the handling of this affair by the VC and other senior university officials.

It is a pity that students are prepared to put up with such dishonesty today.

How can we get a link to this story in one of the student newspapers (I guess they don't exist anymore)?

And how does this stack up against the a commitment the University made in December 2010 to further improve the way it responds to freedom of information requests? What a pity that commitment did not have an automatic penalty attached for non-compliance.

Oct 26, 2012 at 6:15 AM | Registered Commentermatthu

Jay Currie

I love the missing thumbdrives...what did they do, eat 'em?

No, they have probably stuck them up their [snip]

Oct 26, 2012 at 7:26 AM | Unregistered CommenterHuhneToTheSlammer

As the old saying goes: Millions for defense, but not one cent for tribute. Unfortunately for the UEA, the public is paying. Consider writing your MP. Suggest that we can't afford such waste in a time of austers

Oct 26, 2012 at 7:59 AM | Unregistered CommenterFrank

Jay, apparently the thumbdrives were returned to Norfolk Police.

Mills & Reeve informed me of this.

Can't say I'm convinced as I am in possession of an email exchange between UEA and the Police where it is stated that in Data Protection Act terms, UEA's Vice Chancellor holds the information (emails on the thumb drives).

Go figure!

Oct 26, 2012 at 8:50 AM | Unregistered CommenterDon Keiller

well search ----- north mill avoncliff ----- the information commissioners report and not over yet they have now asked £37,500 yes you read it right £37,500 the previous request for more info was £1,000 it was handled so badly they had to pay it back THEN PAID THE AGENT £25,000 FOR TAKING THEM TO THE COMMISSIONER WHAT A RESULT!!!!!!!! £150 LICENCE NOW WELL IN EXCESS £500,000 PUBLIC MONEY not over yet

Oct 26, 2012 at 8:57 AM | Unregistered Commentersteve

Steve- help me here.
Can you confirm that the Environment Agency’s water licensing team gave the water rights to the mill, but on the wrong side of the river?
Now they are trying to cover up their incompetence with a blizzard of bureaucratic bumf?

If so I would go ahead with the refurbishment- assuming the Council have given the OK for that.
Then I would stick two fingers up at the EA, divert the water, as required and present them with a fait accompli.

Just my two-penneth.

Oct 26, 2012 at 10:10 AM | Unregistered CommenterDon Keiller

Maybe someone needs to collate all the different FOI requests and then see if they can determine the total costs of all those hearings etc. I'm picking that the total cost of forcing UEA to meet their minimum legal requirements under FOI (both won and lost) will be eye watering lot staggering!!!

Then again, compared to the funding at stake the costs are probably a drop in the bucket compared to what they could lose IF they were open, honest and transparent over their research etc.

Mailman

Oct 26, 2012 at 10:11 AM | Unregistered CommenterMailman

Don - contratulations for a truly determined effort - from one Cambridge resident to another..
Apart from anything else, one has to get a certain smug satisfaction from the knowledge that this is all COSTING the UEA a great deal of money - which someone in government is surely going to question at some point, when it should be being spent on teaching students and PROPER research...!

Oct 26, 2012 at 1:48 PM | Unregistered CommenterDavid

Oct 26, 2012 at 10:10 AM | Don Keiller

Hi Don
for a heads up on the present FoI please keep an eye on the web site where we will be posting a deconstruction of the £37500 FoI payment demand with supporting documents from the EA.

The EA originally gave us a draft licence, issued a full licence internally (proved via FoI) - then delinquent officials hid those full licence documents and arbitrarily gave a licence to a scheme which applied later on the other side of the river and then turned around and said we couldn't have a licence because "there wasn't water available" Steve is correct in stating that the North Mill project agent has been paid more than £25K to torment the EA - by the EA - over their non compliance with FoI in the matter of North Mill Avoncliff Part 1

Cue judicial review... illegally awarded licence quashed and court order (consent order) issued to re-determine the licence

EA now ignoring terms of court order and floundering and conniving around trying to again give a licence to an unequivocally inferior scheme and refusing to disclose what they are doing or what parameters are informing their determination process....

You couldn't make it up.

Oct 26, 2012 at 6:28 PM | Registered Commentertomo

Tomo. If the EA are ignoring a Court order, I would go ahead and do your refurbishment and a plague on their house.
I would bet a pound to a penny they they cannot take action if they are already in breach- or is it contempt?

Oct 26, 2012 at 8:34 PM | Unregistered CommenterDon Keiller

Oct 26, 2012 at 8:34 PM | Don Keiller

A plague on their house(s) ?

"May the fleas of 1000 camels infest their armpits in perpetuity" :-)

Unfortunately to progress to the planning application stage (where we've had encouraging noises from the local authority for over 3 years...) the damned EA licences have to be in place.

The EA persist in behaving badly.

Oct 26, 2012 at 9:32 PM | Registered Commentertomo

You got a Kafkaesque treatment in 2012 by an '1984' bureaucracy called UK/UEA run by some neo-Machiavelians. Even Sun Tzu pales by the likes of them.

Oct 28, 2012 at 8:57 AM | Unregistered CommenterAntonyIndia

Too expensive to carry out a search? Really!? I don't think so..

Dec 2, 2014 at 5:31 PM | Unregistered CommenterCavity Wall Insulation Removal Cost

PostPost a New Comment

Enter your information below to add a new comment.

My response is on my own website »
Author Email (optional):
Author URL (optional):
Post:
 
Some HTML allowed: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>