Saturday 24 September 2011

FOI Response from Thames Valley Police re Helicopter Flight(s)

On 24th November 2010 I received an FOI Response from Thames Valley Police in response to my FOI Request of 26th October 2010, FOI Request to Thames Valley Police re helicopter flight(s), regarding helicopter flights.

The question and response are online on the Thames Valley Police site here: Thames Valley Police - Disclosure Log Item.

That link includes a link to the PDF documents containing the helicopter logs referred to below.

Please note the logs available online are NOT the same as were sent to me. The online version includes two additional pages which, for the first time, gave information about the "secret" helicopter landing at 10.55 on 18th July 2003. See The Death of David Kelly - The Secret Helicopter Landing of 18th July 2003 for further information.

The text of the response sent to me follows below. I have put the quoted text of my request in bold, to distinguish that from the response.


Dear Dr Watt

Reference No: RFI2010000727

Thank you for your request for information dated 26/10/2010 which for clarity I have repeated below with our response to each point.

1)I wish to make a Freedom of Information request regarding the log of the Police Helicopter with respect to the search for Dr. David Kelly after the report that he was missing (approx. 23.40 on 17th July 2003, I understand). I ask for a copy of the Police helicopter log for the relevant search and for the following specific information.


Please find attached to this email copy of two helicopter logs. You will find that within the documents provided information has been redacted. Section 17 of the Freedom of Information Act 200 requires Thames Valley Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states the fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.

The exemptions applicable to the redacted information are:

Section 30(1)(a)(b)(c) – Investigations and proceedings conducted by a public authority.

Section 40(2) – Personal Data.

Section 40 is a class based absolute exemption and as such the legislators have identified that there would be harm in disclosure and there is not need to evidence this.

Section 30 is prejudiced based qualified exemption which requires the prejudice (harm) to be evidenced.

Several types of harm may be generated by the disclosure of the redacted information within the helicopter logs. Future police operations may be prejudiced if operational information is inappropriately disclosed into the public domain. This may ultimately result in safety implications for the general public and police officers, placing the well being of citizens at risk and compromise the ability of the force to prevent and detect crime and protect life and/or property.

2) At what time did the helicopter begin to search for heat sources?


Please see attached helicopter logs which details deployment times.

3)Further, I wish to ask if the helicopter surveyed Harrowdown Hill, if so at what time Harrowdown Hill was surveyed and if any heat source was identified there.

The helicopter crew were asked to survey an area which included Harrowdown Hill. There were no relevant heat sources identified.

The thermal imagers fitted to police helicopters in 2003 were not penetrative. In the case of woods or copses, unless it is winter or the woods are sparsely populated with trees, the leaf canopies and branches very often preclude any meaningful thermal imager search as the thermal imager cannot penetrate the leaf canopy.

4)Finally, I ask for identification of the make and model of the heat seeking equipment in the helicopter and the date/time on which it was last tested prior to the search of interest.


The camera used was a FLIR Leo 2. The camera is subject to routine maintenance in line with aircraft maintenance schedules. It was working correctly at the time of the incident. It was last serviced on 27th June 2003.

Please contact me quoting the above reference number if you would like to discuss this matter further.

Yours sincerely,


Malcolm Hopgood | Information Compliance Officer

FOI Request to Thames Valley Police re helicopter flight(s)

On 26th October 2010 I sent the following Freedom of Information Request to Thames Valley Police.

The correspondence to the Attorney General which I mention in that FOI request is online here: Open Letter to the Attorney General regarding the need for an inquest into the death of Dr. David Kelly.

The FOI Request was acknowledged on 27th October 2010 and given the reference RFI2010000727.

The text of the FOI Request of 26th October was as follows:


Hi,

I wish to make a Freedom of Information request regarding the log of the Police Helicopter with respect to the search for Dr. David Kelly after the report that he was missing (approx. 23.40 on 17th July 2003, I understand).

I ask for a copy of the Police helicopter log for the relevant search and for the following specific information.

At what time did the helicopter begin to search for heat sources?

Further, I wish to ask if the helicopter surveyed Harrowdown Hill, if so at what time Harrowdown Hill was surveyed and if any heat source was identified there.

Finally, I ask for identification of the make and model of the heat seeking equipment in the helicopter and the date/time on which it was last tested prior to the search of interest.

I have grouped these questions into a single FOI request since it seems likely that you will be able to access all the requested information from a single information source or closely related information sources.

Thames Valley Police should be aware that yesterday I wrote to the Attorney General formally requesting that he seek from the High Court an order to open an inquest into the death of Dr. David Kelly.

Any information that Thames Valley Police provides (or refuses to provide) in this regard may be relayed to the Attorney General (or the Coroner, if one is appointed) in that connection.

Thank you

(Dr) Andrew Watt

Freedom of Information Requests about the Death of Dr. David Kelly

One of the growing problems in attempting to keep on top of what new information is available about the death of Dr. Kelly is that there is no single place where the responses to Freedom of Information requests are available.

I'm intending to produce a document that tabulates all the information that is publicly available.

I imagine that this will take quite some time to put together.

If you have asked any FOI questions I'd appreciate it if you would forward to me a copy of your question(s) and the response(s).

I hope progressively to add such responses to a document which collates all the FOI questions asked and the answers given.

I know, for example, that Norman Baker MP asked a significant number of FOI questions but those questions and the answers are not publicly visible, so far as I know. Which seems a pity.

Please email information about any FOI requests that you've made about the death of David Kelly to AndrewWattChilcot@gmail.com

Friday 23 September 2011

FOI Review Request to the Cabinet Office re COBRA activation on 17th and 18th July 2003

Given the inadequate response, FOI Response from the Cabinet Office re COBRA activation on 17th and 18th July 2003, to my FOI Request of 16th May 2011, FOI Request to the Cabinet Office re COBRA activation on 17th and 18th July 2003, I wrote to the Cabinet Office on 22nd September 2011 making a request for a formal review of the FOI Response of 20th September.

As will be evident, I was a little irritated by the inadequacy and evasion of the FOI Response of 20th September.


Dear Mr Smethurst,

As per the attachment to Mr. Keeling's email of today's date I am writing to seek internal review of the Cabinet Office response to my FOI request relating to activation of the COBRA procedure on 17th and/or 18th July 2003..

It seems to me preposterous to suggest that the Cabinet Office does not hold information as to whether or not the Cabinet Office Briefing Room procedure was used in the time period specified in my original request.

Is the Cabinet Office seriously seeking to suggest that the Police would hold that information?

I would be grateful if the Cabinet Office would give careful and rigorous attention to seeking to provide a response which is less visibly inadequate and evasive.

For convenience, I repeat below my signature the text of the original FOI request of 16th May 2011.

I hope that the Cabinet Office will be able to conduct the internal review in a less visibly tardy fashion than the timescale of the production of the FOI Response.

I look forward to an early reply containing the result of the internal review.

Thank you

(Dr) Andrew Watt

************** FOI Request of 16th May 2011 *****************************

This is a Freedom of Information request.

I understand the term "Cabinet Office Briefing Room" broadly to refer to procedures applicable to an emergency and/or crisis response by the UK Government. I ask that the following questions are interpreted using that broad definition.

1. Was a Cabinet Office Briefing Room procedure activated at any time between 14.30 on 17th July 2003 and 23.59 on 18th July 2003?

2. During the period described in question 1. was a Cabinet Office Briefing Room procedure activated with respect to the death of Dr. David Kelly?

3. Which individual was in charge of the COBRA response with respect to the disappearance and death of Dr. David Kelly?

4. Who was Platinum commander with respect to the disappearance and death of Dr. David Kelly?

5. At what time was that individual (or those individuals) referred to in questions 4. and 5. notified that Dr. David Kelly was missing?

6. At what time was that individual (or those individuals) referred to in questions 4. and 5. notified that a body had been found?

7. At any time during the period referred to in question 1 did anyone associated with a Cabinet Office Briefing Room procedure contact the then Prime Minister, Tony Blair, regarding the disappearance and/or death of Dr. David Kelly?

8. At any time during the period referred to in question 1 did anyone associated with a Cabinet Office Briefing Room procedure contact the then Director of Communications and Strategy, Alastair Campbell, regarding the disappearance and/or death of Dr. David Kelly?

9. If a Cabinet Office Briefing Room was activated with respect to the disappearance and death of Dr. David Kelly, at what time did that happen and at what time was it deactivated?

*****************************************************


In a message dated 20/09/2011 15:30:27 GMT Daylight Time, jonathan.keeling@cabinet-office.x.gsi.gov.uk writes:
Dear Dr Watt,



I attach a reply to your FOI request.



I am sorry for the delay in responding to your request.



Regards,



Jonathan Keeling

Openness Adviser

Openness Team

Knowledge and Information Management Unit

Cabinet Office

Room 3.30, Admiralty Arch

The Mall

London SW1A 2WH



Tel: 020-7276 6334

Email: jonathan.keeling@cabinet-office.x.gsi.gov.uk



FOI Response from the Cabinet Office re COBRA activation on 17th and 18th July 2003

In the preceding post, FOI Request to the Cabinet Office re COBRA activation on 17th and 18th July 2003, I set out a Freedom of Information Request made on 16th May 2011 to the Cabinet Office about possible COBRA activation on 17th and 18th July 2003.

Below I set out the relevant part of the response from the Cabinet Office dated 20th September 2003. I've edited out the routine material about how to ask for a formal review etc.





Following a search of our records, I must inform you that the Cabinet Office, which includes the Prime Minister's Office, does not hold information relevant to your request.


So, it seems that the Cabinet Office is asking me to believe that it doesn't know whether or not the COBRA procedure was activated on 17th and/or 18th July 2003 or not.

Not suprisingly, I've lodged a request for a formal review of the response dated 20th September 2011.

My working hypothesis is that COBRA was activated and the Cabinet Office doesn't want to admit that.

I could be wrong.

If COBRA wasn't activated on 17th and/or 18th July 2003 in relation to the disappearance and death of David Kelly, why not just put a simple "No" in response to question 1. and question 2.?

FOI Request to the Cabinet Office re COBRA activation on 17th and 18th July 2003

On 16th May 2011 I wrote to the Cabinet Office making the following Freedom of Information Request.

The purpose of the request was to establish whether or not UK Government emergency procedures, often referred to coloquially as "COBRA", were activated on 17th or 18th July 2003.

ACC Michael Page of Thames Valley Police was "gold commander".

The possibility of a so-called "platinum command" at UK Government level existed (and exists).

The FOI Request was designed to attempt to find out if the COBRA procedure was activated in relation to the death of David Kelly.


This is a Freedom of Information request.

I understand the term "Cabinet Office Briefing Room" broadly to refer to procedures applicable to an emergency and/or crisis response by the UK Government. I ask that the following questions are interpreted using that broad definition.

1. Was a Cabinet Office Briefing Room procedure activated at any time between 14.30 on 17th July 2003 and 23.59 on 18th July 2003?

2. During the period described in question 1. was a Cabinet Office Briefing Room procedure activated with respect to the death of Dr. David Kelly?

3. Which individual was in charge of the COBRA response with respect to the disappearance and death of Dr. David Kelly?

4. Who was Platinum commander with respect to the disappearance and death of Dr. David Kelly?

5. At what time was that individual (or those individuals) referred to in questions 4. and 5. notified that Dr. David Kelly was missing?

6. At what time was that individual (or those individuals) referred to in questions 4. and 5. notified that a body had been found?

7. At any time during the period referred to in question 1 did anyone associated with a Cabinet Office Briefing Room procedure contact the then Prime Minister, Tony Blair, regarding the disappearance and/or death of Dr. David Kelly?

8. At any time during the period referred to in question 1 did anyone associated with a Cabinet Office Briefing Room procedure contact the then Director of Communications and Strategy, Alastair Campbell, regarding the disappearance and/or death of Dr. David Kelly?

9. If a Cabinet Office Briefing Room was activated with respect to the disappearance and death of Dr. David Kelly, at what time did that happen and at what time was it deactivated?

Thank you

(Dr) Andrew Watt