Correspondence between IPSA and Brendan Clarke-Smith regarding the rent of his constituency office

Request

Please could you release all correspondence between IPSA and Brendan Clarke-Smith - or his staff members - regarding:

- The rent of his constituency office


Response

I can confirm that we hold information relevant to your request.

Please find attached to this email copies of the documents. Some information has been redacted from the documents of both MPs and is subject to a Refusal Notice under sections 31, 38 and 40 of the FOIA and in accordance with Section C of IPSA’s Publication Policy, which can be found on our guide to MPs’ staffing and business costs.

RFI-202108-07 – Disclosure documents

Section 31(1)(a) – law enforcement

This exemption applies where the disclosure of information would or would be likely to prejudice the prevention of crime. IPSA relies on this exemption to withhold the banking details of suppliers and the MP. IPSA believes that the disclosure of these details could leave those concerned more vulnerable to financial crime, in particular fraud and electronic crime, especially with the increase in cyber-attacks.

This exemption is subject to a public interest test. IPSA does not consider that withholding this information has a negative impact on the understanding of these claims. We, therefore, find that the public interest in withholding this information outweighs the public interest in disclosure at this time.

Section 38(1)(b) – health and safety

This exemption applies where disclosure of information would, or would be likely to, endanger the safety of any individual.

IPSA relies on this exemption to withhold any information which could identify a small supplier or a supplier who has access to the MP’s home or office, including company name, contact details or names of staff, or names and contact details of the MP’s staff. IPSA maintains that the disclosure of this information carries a high risk of endangering the MP and his staff.

IPSA understands how disclosure would enable the public to understand more about the use of public funds. However, when considering disclosure, we also have to take into account our duty of care to MPs, their staff and connected parties, including any dependents and other members of the public, and any consequences which may arise from information released in our response.

During 2021 there was been an increase in media reporting on the threats made to MPs and their staff. Although not all reports related to physical attacks on MPs and their staff, the fear which can be felt from receiving a threat can be mentally and physically damaging.

MPs and their staff have difficult jobs, and IPSA is aware that the decision to disclose certain categories of information could make it more difficult for them to fulfil these. This would have a knock-on effect on those whom MPs and their staff try to help. IPSA, therefore, maintains that the public interest in withholding this information outweighs the public interest in disclosure at this time.

Sections 40(2) and 40(3A)(a) – personal data

This exemption applies to information which IPSA considers to be personal data within the meaning of Article 4(1) of the UK General Data Protection Regulation 2016 (UK GDPR) which states,

‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly

IPSA considered that the following are personal data within this definition: banking and financial information; personal information of the MPs and other third-party information. We then considered whether disclosure of this personal data would breach any of the Principles relating to the processing of personal data in the UK GDPR. The relevant principle is Article 5(1)(a):

Personal data shall be:

a. Processed lawfully, fairly and in a transparent manner in relation to the data subject

As IPSA was unable to find a lawful basis on which it could rely, within Article 6 of the UK GDPR, it therefore finds that the information is exempt from disclosure under section 40.

Ref:
RFI-202108-07
Disclosure:
12 November 2021
Categories:
IPSA - FINANCIAL
Exemptions Applied:
Section 31(1)(a), Section 38(1)(b), Sections 40(2) and 40(3A)(a)