Alan Dransfield's Blog

Lord Clarke
Lord Wilson
Lord Carnwath

From: “O’Neill, Liam”
Date: 30 December 2015 16:09:59 WET
To: Alan alanmdransfield
Subject: FOI/46/2015 – Freedom of Information request

Dear
Mr Dransfield,

FREEDOM
OF INFORMATION ACT 2000

I
refer to your request under the Freedom of Information Act 2000 (FOI) .

You
asked us for:-

1.
an
electronic copy of the HSENI report into the collapsed Wind Turbine in Co
Tyrone in January 2015; and

2.
the
total costs to HSENI spent on this individual incident.

In relation to your 1st request I can advise you Section 44 (1) of
the FOI Act prohibits the release of information where its disclosure is
prohibited by or under any enactment. Under the provisions of Article 30
of the Health and Safety at Work (Northern Ireland) Order 1978, certain
information cannot be released without the consent of the person/s who
furnished it.

As
such, HSENI is unable to disclose any information obtained by an Inspector as a
result of the exercise of his or her powers, except with the consent of the
person who furnished it or, for the purposes of any legal proceedings.

HSENI
has written to the relevant person/s (in this particular case 2 parties were
involved) to seek consent and I can now confirm that one of the parties
involved consented to their information being released whilst the other party
withheld consent. Accordingly, HSENI is able to disclose a limited amount of
information and this is contained in the attached PDF document ‘Screggagh_Report_Redacted.pdf’.

Where
appropriate, the personal information of third parties have been redacted as to
disclose such information would breach the requirement of fairness contained in
the first data protection principle. This has been done under Sections 40(2)
and 40(3)(a)(i) of the Freedom of Information Act.

Additionally,
certain information falls under the exemption provided at Section 30(1)(b) of
the Freedom of Information Act 2000. Section 30(1)(b) states ‘that any
Information held by a public authority is exempt information if it has at any
time been held by the authority for the purpose of any investigation which is
conducted by the authority and in the circumstances may lead to a decision by
the authority to institute criminal proceedings which the authority has power
to conduct’.

Section
30 is subject to the Public Interest Test and set out below is the test result
table.

PUBLIC
INTEREST TEST – RESULTS TABLE – FOI/46/2015 – FOI Exception 30 (1) (b)

Conclusion
: That in all circumstances of the case, the public interest in maintaining the
exception outweighs the public interest in disclosing the information.

In
relation to your 2nd request and I can advise you that HSENI do not
record costs against any particular incidents and therefore we do not hold the
information requested.

If you have any queries about this email, please contact me.
Please remember to quote the reference number above in any future
communications.

I hope
you find this information useful, but if you are dissatisfied with the way in
which HSENI has handled your request, please go to http://www.hseni.gov.uk/about-hseni/content-foi.htm
which explains the actions that are available to you.

Yours
Sincerely

Liam O’Neill
Information Manager
Tel:
028 9054 7088 (ext: 47088)
Mob: 07979365934

Email sent – Sat 19/12/2015 07:45

Dear Mr Bradshaw MP

The UK Supreme Court have booted Dransfield into touch, which effectively rubber stamps the Court of Appeal vexatious BS. This SC decision effectively weakens the
FOIA 2000 and allows rogue public authorities a get-out-of-jail-free card.

At this juncture I have not seen a copy of the SC
decision and reasons. as their decision has not yet been published.

LThis means I have now exhausted the British Legal system
and I shall now seek legal redress in the European Court of Human Rights, which doesn’t install any
confidence as the ECHR registrar assistant Michelle Lafferty would appear to destroy most
applications on a whim.

No person applying a right and proper mind could have
reached the same decision as the Supreme Court, so we must assume they reached
the decision by a perverse mindset.

Two important anomalies are already identified with the
Dransfield Case UKSC/2015/0173 Dransfield v ICO. They are:

1. It was not listed
on the SC listing of Applications.

2. Their decision is not recorded at their website.

In short, I feel the SC would appear to be complicit with the CoA and
ICO to pervert the course of justice and in particular sect 77 of the said
Act. In essence the UK SC have assassinated the FOIA 2000, and vexatious exemptions will be handed out on a whim.

Hang your heads in shame Supreme Court.

I call upon my MP to call for Public Inquiry into the
latest SC decision.

With thanks

Alan M Dransfield

http://panopticonblog.com/2015/12/17/dransfield-supreme-court-game/

Email sent – Fri 11/12/2015 06:13

Health and Safety Executive, Northern Ireland

Dear Sirs

Under protection of the FOIA 2000, please provide me with an
electronic copy of the HSE report into the collapsed Wind Turbine in Co Tyrone
in January 2015.

Could you also please include the total costs to the HSE
spent on this individual incident.

with thanks

Yours sincerely

Alan M Dransfield.

Dorset County Council

Dear Mr Mair

I note from your last letter to me that you also hold the
position Clerk for the Dorset Fire Authority,hence I wish to take up the
subject title with you as well as the current FOIA for the Coastal Path.

I am deeply concerned for the safety of the Pupils and Staff
of the Lychett Minster School in Dorset because it has not been provisioned
with any Lightning Risk Assessment despite a serious fire at the school which
burned down the Library and Theatre section of the school a couple of
years ago..

Dorset Fire Authority Fire Report confirmed the Root Cause
for the Fire was Lightning but no LRA was carried out on the New Rebuild.

I must therefore assume ALL Dorset Schools have not been
provisioned with LRA. Please confirm the LRA on Government Properties in
Dorset.

I am also deeply concerned that neither Dorset Fire
Authority or Dorset County Council appear to have learned any lessons from the
Lychett School Fire.

In fact, the Lychett Mister Fire report reads more like a
comedy of errors, which is akin to Carry on Firemen.

The Dorset Fire Authority report confirmed the fire was
caused by lightning but the Fire Authority failed to report the quality
of the Lightning Protection System at the time of the fire. It strikes me the
Dorset Fire Authority and the Dorset County Council are ignorant to Lightning Protection
Standards and requirements.

My personal assessment of the Lightning Protection System at
Lychett Minster Schools is the system was installed by cowboys.

Not for one moment am I being critical of the brave
Dorset firemen who attended the Lychett Minster school, but I am most critical of
the Dorset Fire Authority management and the Dorset County Council designers.

Dorset Fire Authority and Dorset Council did not learn
any lessons from the Lychett Minster School and I wish to take up this
issue with the Dorset Fire Authority via their clerk.

There is a similar situation here in Devon where 500 +
schools have not been provisioned with any Lightning Risk
Assessment,which ,quite frankly, beggars belief. Whether or not this anomaly is
isolated to Devon and Dorset, I know not but I would be grateful if you
would forward this letter to the National Fire Chief’s Association.

For your information action files.

With thanks

Yours sincerely

Alan M Dransfield.

Email sent – Wed 09/12/2015 04:10

Dear Mr Bradshaw

Please see the attached photograph of a fish ladder recently
built (3#) in Exeter near Trews Weir. Obviously, the designers of these ‘fish ladders’ have never seen salmon and trout jumping out of
the water to scale waterfalls.

Fish are prevented from jumping out of the water because the
Devon County Council and Environmental goons have fully enclosed the ‘fish ladders’ with grills.

I would envisage these fish ladders have cost in the region
of £300k. Money well spent?

In short, these fish ladders are boondoggles.

Please add this to my long list of complaints.

Yours etc

Dransfield

Email sent – Wed 09/12/2015 04:23

Dear Mr Bradshaw

Please see the photograph of the line of buoys recently
installed on the new flood prevention on the River Exe at Trews Weir, Exeter and
as you can see there was not a lot of thought put into the design of these
buoys.

I would question the need for such buoys because there
haven’t been any for the last 30 years. Plus the fact the Devon County Council Environment
Designers need retraining on the laws of gravity and water flow – see photo.

I would expect you can see this debacle and the fish ladders
from your kitchen window; hence this sort of BS is going on right under you
snout.

Not another Environmental Dept boondoggle??

The fish ladder can be seen on the bottom right of the photo.

Yours etc

Dransfield