MP's who haven't provided receipt/invoices

Request

Q1 Under the above request could I ask since the start of IPSA scheme 13 of claim in April 2021 until the current date how many MPs or authorised staff have not provided a receipt/invoice with the initial claim or following a 120-day period of time as under the rules of the IPSA scheme 12?

Q2 Further to the above might you please also provide the name of those MPs who’s office have failed to do so.

Q3 Additionally could you also provide a total in value of un-receipted/invoiced claims as per Q1


Response

I can confirm that we hold information relevant to your request, but it is subject to a Refusal Notice under sections 38 and 40 of the FOIA.

Section 38(1)(b) – health and safety

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

IPSA relies on this exemption to withhold the answers to all the questions as the numbers involved are so low that disclosure could lead to the identification of MPs which would carry a high risk of endangering those MPs and their staff.

IPSA understands how disclosure would enable the public to understand the financial operation of MPs’ offices and, in particular, how the situation differs from that to which IPSA provided information in response to your previous request. In considering disclosure for this request IPSA also considered its 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 our response.

Since our response to your previous request, there has been an increase in media reporting on the threats made to MPs and their staff. Not all reports relate to physical attacks on MPs and their staff, but the fear which can be felt from receiving a threat can be mentally and physically damaging. The murder of Sir David Amess MP has highlighted the impact when the threat of physical attack becomes a reality.

MPs and their staff have difficult jobs, and IPSA is aware that the decision to disclose 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 are trying 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 relies on this exemption because the numbers are so low that disclosure could result in the identification of individuals. We then considered whether disclosure of this information would breach any of the Principles relating to the processing of personal data in the UK GDPR.

The relevant principle falls at 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 under section 40.

Ref:
RFI-202109-17
Disclosure:
12 November 2021
Categories:
GENERAL EXPENSES ENQUIRY
Exemptions Applied:
Section 38(1)(b), Sections 40(2) and 40(3A)(a)