I've just had a very interesting e-mail from
a FoI assistant at the House of Commons:

'Thank you for your request for information received on 6^th April 2010.

When Parliament has been dissolved there is no ‘House of Commons’ for
the purposes of Part 1 of Schedule 1 to the 2000 Act, and there is
therefore no ‘public authority’ to which the 20 day deadline under
section 10 of the 2000 Act is capable of applying. The time limits do not,
therefore, apply during the period of Dissolution.

The effect of the 2000 Act, including its time limits, resumes when the
new House of Commons first meets.

As your request was received before the House dissolved, the 20 working
day time limit of your request will be split, ceasing on 12 April 2010 and
resuming on 18 May 2010 when the new Parliament first meets. We will
endeavour to respond to your request promptly but in any case on or before
10 June 2010.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

(...)'

http://www.whatdotheyknow.com/request/dissolution_guidance_to_party_le

Is this legally sound? I have argued in response that the
parliamentary administration does cease to operate during a
dissolution, at least as far as I'm aware, at the very least PICT, the
Information Office and probably the Visitor's Office will continue to
operate, therefore I find it hard to argue that the House of Commons
qua public authority ceases to exist, even if Parliament is dissolved
and then summoned again.

But I'd be interested to hear further opinions on this, I fear that we
get into the unclear waters of distinctions between the Corporate
Officer of the HoC (who is not a public
authority for the purposes of FOIA 2000) and the House of Commons itself.

Any thoughts?

Thanks
Michael



-- 
Michael Bimmler

Term-time address:
Merton College
University of Oxford
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