cc: "Ogden Annie Ms (MAC)" <A.Ogden@uea.ac.uk>,  "Colam-French Jonathan Mr (ISD)" <J.Colam@uea.ac.uk>
date: Wed Sep 23 12:26:15 2009
from: Phil Jones <p.jones@uea.ac.uk>
subject: Re: FW: Environmental Information Regulations 2004 request
to: "Palmer Dave Mr (LIB)" <David.Palmer@uea.ac.uk>, "Mcgarvie Michael Mr (ACAD)" <k364@uea.ac.uk>

    Dave,
       We should discuss this one on October 1 at 08.30.
    This person is threatening in his final sentence. He claims to be Deputy Head of Life
   Sciences, but it would seem he has done no research in his life. He is an active blogger on
   Climate Audit.
     By Oct 1 I might have more news from the Met Office. They are wanting to do as little as
   possible as they have just lost all the MoD money for climate science, which was 4M per
   year.
    Cheers
    Phil

   At 11:27 21/09/2009, Palmer Dave Mr (LIB) wrote:

     Folks,
     NOW we have an appeal of this request and I will treat it as such. We have 28 days for
     the 'informal' answer which gives me a deadline of 19 October.
     He is disputing the rationale of our exceptions & is asking for 'evidence'....

     Cheers, Dave
       ___________________________________________________________________________________

     From: Keiller, Donald [[1]mailto:Don.Keiller@anglia.ac.uk]
     Sent: Friday, September 18, 2009 4:17 PM
     To: Palmer Dave Mr (LIB)
     Subject: FW: Environmental Information Regulations 2004 request (FOI_09-128; EIR_09-19)
     - Response
     Importance: High
     Dear Mr. Palmer having had some more time to digest exactly what is said in the
     attached:

     Firstly I note that you have not stated that I have the right to an Internal Review of
     the decisions that were stated in the attached response.
     By not explicitly stating this, you are in technical breach of the Act

     I now wish that an internal review of the decision to withhold data is undertaken.

     In this connection I note that Regulation 9(1) states
     "A public authority shall provide advice and assistance, so far as it would be
     reasonable to expect the authority to do so, to applicants and prospective applicants".
     In particular I want to know why you think it is unreasonable to ask for the exact
     dataset, as described in a peer- reviewed published paper, on a subject of great public
     interest and where the usual scientific convention is that authors must provide
     sufficient detail to allow others to replicate their work. How can you possibly claim it
     is "manifestly unreasonable" to send me the same data that you have sent elsewhere
     without any actionable undertakings from that recipient?
     I also require UEA to justify its assertion that disclosure of said information and
     data, which virtually all Academies of Science and most journals regard as essential,
     would have an "adverse effect on international relations and would damage relations with
     scientists & institutions from other nations". This assertion requires evidence to
     support it, otherwise it appears to be merely a convenient excuse.
     Finally I note that there is an obvious contradiction in your claim that you are trying
     "to seek permission from data suppliers in advance of the next update of the CRUTEM
     database in 2010 in order to provide public access to this data" and the fact that you
     are  unable to show anything other than a couple of rather old and ineffectual documents
     to support your claim that this is a significant problem.
     Accordingly I ask that you immediately publish or send me the data for which you cannot
     substantiate that an actionable restrictive contract exists.
     Yours sincerely,
     Dr. D.R. Keiller,
     Deputy Head of Life Sciences
       ___________________________________________________________________________________

     From: Palmer Dave Mr (LIB) [[2]mailto:David.Palmer@uea.ac.uk]
     Sent: 11 September 2009 13:16
     To: Keiller, Donald
     Subject: Environmental Information Regulations 2004 request (FOI_09-128; EIR_09-19) -
     Response
     Dr. Keiller

     Attached please find a response to your request received on 14 August 2009.  If you have
     any questions don't hesitate to contact me.

     Cheers, Dave Palmer

     ____________________________
     David Palmer
     Information Policy & Compliance Manager
     University of East Anglia
     Norwich, England
     NR4 7TJ
     Information Services
     Tel: +44 (0)1603 593523
     Fax: +44 (0)1603 591010



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   Prof. Phil Jones
   Climatic Research Unit        Telephone +44 (0) 1603 592090
   School of Environmental Sciences    Fax +44 (0) 1603 507784
   University of East Anglia
   Norwich                          Email    p.jones@uea.ac.uk
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