HL FOI & Information Compliance, House of Lords

Dear Mr. Griffiths,

I am writing in response to your request (copied below) to the House of

Lords.

The Freedom of Information Act 2000 (“the 2000 Act”) provides a right of

access, subject to specified exemptions, to recorded information held by

public authorities at the time a request is received. It does not require

public authorities to acquire information they do not hold.

In the case of the House of Lords, the 2000 Act applies to recorded

information held by the House of Lords Administration.

When the House Administration receives requests for a list of Members of

the House of Lords receiving an EU pension we explain that we do not hold

this information. The reasons are set out in a recent response to a

request made via the whatdotheyknow website at:

[1]https://www.whatdotheyknow.com/request/h...

Please note that this is not the same as refusing to provide information

under the 2000 Act. In the latter case, a public authority holds the

information but believes it to be exempt from disclosure under the

exemption(s) it specifies.

You may, if dissatisfied with the treatment of your request, ask the House

of Lords to conduct an internal review. This should be addressed to

[email address] or to the Freedom of Information Officer, House of

Lords, London SW1A 0PW and explain clearly the nature of your complaint in

terms of compliance with the Freedom of Information Act 2000. Arrangements

will be made for someone who has not been involved in dealing with your

request to conduct an internal review within 20 working days. You should

note that we will not normally accept an application for internal review

if it is received more than two months after the date our response was

sent. Any such request received after this time will only be considered in

exceptional circumstances.

If, following this review, you remain dissatisfied with the House’s

treatment of your request for information you may then take your complaint

to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow,

Cheshire, SK9 5AF.

Yours sincerely,

Kimberley Swift

Information Compliance Team

House of Lords

From: David Griffiths

[[2]mailto:[FOI #482900 email]]

Sent: 05 May 2018 21:47

To: HL External Communications Office

Subject: Freedom of Information request - EU pension request

Dear House of Lords,

I wish to see a list of lords currently recieving an EU pension.

I know this information is normally refused by as the lord's are debating

and voting on membership of the EU I feel that because of the oath given

to the EU by lord's recieving pensions is contrary to them discharging

their duties in the HoL impartially

I believe that this request should be granted because of the following

laid down by the code of conduct which clearly states

THE CONTINUING RECEIPT OF THE PENSION THAT A REASONSBLE MEMBER OF THE

PUBLIC MIGHT REGARD AS LIKELY TO INFLUENCE THEIR CONDUCT

Paragraph 57 of the Code of Conduct and Guide to the Code covers members’

responsibilities in relation to the registration and declaration of any EU

pensions:

“57.Members are not required to register pension arrangements, unless

conditions are attached to the continuing receipt of the pension that a

reasonable member of the public might regard as likely to influence their

conduct as parliamentarians. Such conditions attaching to pensions from

European Union institutions do not normally require the pension to be

registered or declared in proceedings in the House.”

Yours faithfully,

DAVID GRIFFITHS,

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