know whether we hold the information you require be provided with that information (subject to any exemptions under the Act which may apply).

Transcription

1 Information Rights (IRU) Department for Business, Innovation & Skills 1 Victoria Street London SW1H 0ET William Kidd Via request c54ef785@whatdotheyknow.com T E +44 (0) Public enquiries +44 (0) Textphone (for those with hearing impairment) foi.requests@bis.gsi.gov.uk BIS reference: FOI2014/ th November 2014 Dear Mr Kidd RE: Freedom of Information Request Thank you for your of 14 th October 2014, which contains a number of requests for information. Under the Freedom of Information Act 2000 ('the Act'), you have the right to: know whether we hold the information you require be provided with that information (subject to any exemptions under the Act which may apply). We have done our best to identify and interpret your requests for information which are interspersed with your own comment. On occasions we have found it difficult to separate comment from the actual request and should we have misinterpreted the questions we would be happy to receive further clarification. From your narrative we have identified these as the requests for information: 1. Please supply information on what procedures and requirements BIS has in place to ensure standards of training, education, skills, and products comply with the Supply of Goods and Services Act 1982, Consumer Protection Regulations and other compliance matters such as The Fraud Act 2006, as required in the contract signed by Alan Slaney and Liz Male of Trustmark and Department of Business. The Department does not hold information outside that contained within the Master Licence Agreement, which was released to you on 22 nd August 2014, under a previous request for information (2014/16825). 2. Please supply information on how those requirements are monitored reviewed and enforced. The Department does not hold information outside that contained within the Master Licence Agreement, which was released to you on 22 nd August 2014, under a previous request for information (2014/16825). The Department regularly meets with TrustMark CEO and Chair to review a range of issues and investigate concerns raised by third parties to ensure that TrustMark remain compliant with their Master Licence Agreement. 3. Therefore can BIS provide information it has outlining the data protection requirements and what it understands by those and how breaches of data protection could be used as grounds for observance or none observance of contractual requirements BIS have with TM. (s.10 of the Data Protection Act 1998 requires data Page 1 of 5

2 controllers where the subject has requested withdrawal for that to apply to such situations.s13 of the Act defines situations where compensation may payable.) The BIS DPA Notification (Registration Number: Z ) to the Information Commissioner s Office (ICO) includes a description of the processing of personal information undertaken by BIS. Accepting the above, any queries you have in relation to personal data processed by TM should be addressed to them directly ( Information relating to an individual s rights is publicly available at the Information Commissioner s Office (ICO) website at the following link: The ICO is the UK s independent authority set up to uphold information rights in the public interest. It promotes openness by public bodies and data privacy for individuals. 4. Furthermore can BIS disclose what information it has to justify the action of Government employees such as Mr Blackwell and Directors of Trustmark to base their reasons for supporting or not supporting a matter of consumer interest in the context of an imagined and untrue 'long running grudge' as noted in one of the E mails. In addition to information already released to you on 22 nd August 2014 and 26 th September 2014, under previous requests (2014/16825, 2014/20302) and in letters, we also provide a link to a joint statement from BBA and TrustMark ( (and copied below) With regards to the in the context of an imagined and untrue long running grudge as noted in the The Department s interest in this matter is to ensure that TrustMark remain compliance with the terms of the Master Licence Agreement. We only considered information which was relevant to that determination. 5. Please can BIS provide information as to what relevance this can possibly have to genuine and urgent matters of consumer compliance with the Governments' supposedly flagship consumer organisation, that is continuing to support self awarded supposed qualifications, offered by PCA for a subject that cannot possibly be understood in such a narrow and short training programme, lacking any external awarding body credibility and as exposed in Which Magazine's Unnecessary Treatments 2011 and potentially leading to consumers being very seriously compromised. The Department holds no information. 6. Can BIS therefore provide copies of standards and procedures and information that supports dismissal of such serious potential consumer adversity by Trustmark in offering and supporting services run by a scheme member when its' products may not comply with the very consumer Acts and regulations that TM is contracted to observe but which in fact Mr Blackwell denied the existence of such requirements in a minuted telephone conversation I had with him on July 22nd. The information the Department holds is contained within the Master Licence Agreement and information supplied to you under this and previous requests, on 22 nd August 2014 and 26 th September 2014 (2014/16825, 2014/20302). We refer you to the joint statement from BBA and TrustMark and copied below. 7. Can BIS provide information as to when their employees must act in the public interest to intervene in such matters clearly in the view of ISSE requiring such intervention and review of the matters complained of and are under a contractual duty to ensure TM observe such core values. The Chair of the TrustMark scheme has independently reviewed the standards of the scheme and has confirmed to the Department that the standards operated in the TrustMark scheme remain robust. This review included the standards you raised and the confirmation of TrustMark s Page 2 of 5

3 position has already been released to you under your request for information 2014/ BBA have released a public statement. TrustMark and BBA have provided a further statement at this link and copied below. BIS has discharged its obligations under the Master Licence Agreement and thus satisfies it s public interest requirements. Appeals procedure If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to the Information Rights Unit (FOI.Requests@bis.gsi.gov.uk). Information Rights Unit Department for Business, Innovation & Skills 1 Victoria Street London SW1H 0ET Please remember to quote the reference number above in any future communications. If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Yours sincerely Barry Blackwell Page 3 of 5

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