Thread by @grumpyfactcheck

Today is the deadline for DfE to provide a second internal review into this #RHI FOI request.

On both occasions this has taken the full 40 days (ICO state only for exceptional cases). On their response or non-response ICO progress action.

inews.co.uk/news/northern-…

The request originally in December 2016 wasn’t responded to in the legal timeframe after multiple submissions by DfE to DUP Minister Simon Hamilton one marked “Urgent”. The Minister didn’t sign off. DfE after 1st internal review stated that it was in breach of regulations.

Andrew McCormick then released the information in the absence of a Minister in March 2017.
Moving forward to 2018. Andrew McCormick provided a DfE statement to the #RHI Inquiry in which it showed the department held more information than they stated in their March 2017 response.

The information omitted or a reasonable exemption provided for is detailed in bold from the DfE Statement.

The ICO requested that DfE be allowed a second internal review before they would take action.

DfE has responded. It says it holds no info on how the email was released. The #RHI inquiry released an email where a DUP press release was fact checked by the Andrew McCormick & includes lines such as “the 2013 email from the lady (attached)”+ “Mr Dodds published correspondence”

DfE go on to after stating that it "does not hold any information" to say that "any records held by the Department regarding this email are in the context of its referral to the Private Offices of the then Minister for the Economy and First Minister"

I accept two known documents held would be exempt however they did not acknowledge they existed and did not provide an exemption. The other document is referenced in a statement Andrew McCormick made to the #RHI inquiry as follows ...

"the departments only involvement in the process of releasing the e-mail to the public" he goes on to state he was asked to "fact-check" what he described was a press release "clearly intended as a DUP statement" #RHI

The second internal review by the department has been passed to the ICO to investigate if DfE has complied with legislation - I have asked the ICO to investigate if the Minister intentionally delayed responding by not signing off two submissions - one marked "URGENT".