Sent August 3rd 2013
The Rt Hon Tom McNally
Minister of Justice
102 Petty France
London
SW1H 9AJ
Dear Lord McNally
I have recently found your letter to the Voice of Local Media (attached) in which you claim the FOI have sorted out the “VEXATIOUS ISSUES” in a recent FOI Case. You did not, however, give specific case details, but I can only assume you are making reference to my own case i.e., Alan M Dransfield v ICO and the Devon County Council GIA/3037/2011.
I say “assume” with confidence because I have seen actual reference you made to the House of Lords in June this year and you also go on to say the ICO New Guidance will assist transparency.
Oh, what a web we weave when we set out to deceive, Lord McNally, and as Minister for Justice I would have expected you to be conscious of the fact that live legal cases should not be discussed in public, but you have chosen to ignore that sub judice requirement, ditto for the ICO with regard to their publication of the 37 page Vexatious Guidance and the appearance on national TV by the Deputy Commissioner, Graham Smith, quoting the Dransfield Case.
I will remind you that the GIA/3037/2011 Alan M Dransfield V ICO and Devon County Council is still an active case before the Court of Appeal and in line with HM Court Procedures, I do not intend to make further comments on that case.
However, I can make comment on the ICO 37 page document and I intend to keep it short. At best, it is a tool designed to assist the passage of fraud and at worst it has been designed to assist certain rogue Government officials to pervert the course of justice and I suggest the latter.
Your own personal FOIA experience can be written on the back of a postage stamp and in particular, I refer to your FOIA attempt to Network Rail.
The FOIA is being willfuly undermined by the oversight authorities who are paid to protect it i.e., the ICO and HM Upper Tribunal Judges.
I am sure you will hear a lot more about the Dransfield v ICO and Devon County Council (DCC) in coming months.
I would strongly recommend that you call for an immediate Public Inquiry into the Dransfield v ICO FOIA case and enquiry into the conduct of the ICO and HM Judges and the Upper Tribunal President Mr Justice Charles.
I fervently believe transparency, accountability and security (TAS) MUST been seen to be working and in the event it is not seen to be working, then in all probability it aint’ working.
From my vantage point, Lord McNally, TAS is not seen to be working in your department at the ICO/FOIA Department.
with thanks
Alan M Dransfield
