Sheffield City Council Race Relations 2
From: derrick_lynch@hotmail.co.uk
To: foi@sheffield.gov.uk; adele.robinson@sheffield.gov.uk; equalitiesandinvolvement@sheffield.gov.uk
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Subject: Sheffield City Council Race Relations FOI Request
Date: Wed, 1 Jul 2015 12:08:29 +0100
Dear Mark Knight, Information Management Officer, Information and Knowledge Management, Business Change & Information Solutions (BCIS), Sheffield City Council,
Thank you for your reply.
You wrote:
"For your information the Council’s lead for Equality in Sheffield City Council (as noted on the associated policy) is Adele Robinson and her email address is adele.robinson@sheffield.gov.uk, you may alternatively wish to use the equalitiesandinvolvement@sheffield.gov.uk mailbox which is more regularly monitored."
Dear Adele Robinson, Lead for Equality in Sheffield City Council,
1. Where exactly are the Race categories that the Sheffield City Council use?
2. What are the Race categories that the Sheffield City Council use?
3. How many Races are in the Race categories that the Sheffield City Council use?
4. Where are the reports about the Race categories that the Sheffield City Council use?
5. Can you please list the Races in the Race categories that the Sheffield City Council use?
I look forward to your reply on these deadly serious issues.
King regards
Derrick Lynch, Black, IC3, B9, BEUR
From: FOI@sheffield.gov.uk
To: derrick_lynch@hotmail.co.uk
Subject: Internal Review Response 228
Date: Tue, 30 Jun 2015 15:46:06 +0000
Dear Mr Lynch,
I am writing in connection with the Freedom of Information request you submitted on 22nd May 2015 (our reference 228):
In your request, you specifically ask for:
Please would you send me details of where I can find Council information showing that “due regard” has been exercised in recording and monitoring Race Relations between the IC1 White Northern European Race and the IC2 Dark Southern European Race as required by the Public Sector Equality Duty (Equality Act 2010).
I have carried out an Internal Review of the handling of your request. Please take this letter as the response to your Internal Review.
The intention of an internal review is to consider if we handled your response in accordance with the law and to consider if any decisions made, for example to refuse information, were correct and still apply.
In my review of the processing of this request I have considered:
· Your original request
· The response to your request
· The information requested
Time for Compliance
Section 10 – Time for compliance with request (http://www.legislation.gov.uk/ukpga/2000/36/section/10)
Section 10 of the Freedom of Information Act states that Sheffield City Council must respond to requests made under the Freedom of Information Act within 20 working days of receipt. In this case, your request was received by Sheffield City Council on 22nd May 2015 which was responded to on 2nd June 2015. This response was provided within 20 working days, therefore, I am satisfied that Section 10 of the Freedom of Information Act was correctly complied with in this case.
The exemption(s) which were applied to the information you requested
Section 17 – refusal notice
(http://www.legislation.gov.uk/ukpga/2000/36/section/17)
Section 17 of the Freedom of Information Act requires the Council to state and identify the exemption being applied, together with noting the reasons why the exemption applies. The Council is also required to detail our internal review procedure and highlight the right of appeal to the Information Commissioner’s Office (ICO).
Your right of appeal was detailed in our response and we confirmed the application of an exemption, in this case:
Section 21 – Information accessible to applicant by other means
(http://www.legislation.gov.uk/ukpga/2000/36/section/21)
Have the exemptions been correctly applied in this case?
· Section 21 – Information accessible to applicant by other means
The explanation why this exemption applied provided to you in your original response was for the following reasons:
As the linked information is accessible by other means it is exempt from disclosure under Section 21(1) of the Freedom of Information Act 2000.
Review of Application of Section 21:
Section 21 notes that information is exempt from disclosure if that information is accessible to an applicant in another way. As the links provided in our disclosure note the Council’s strategy and response to the Equality Act it was an appropriate response to the request and the information held by the Council.
Application of the Public Interest Test
Under the Freedom of Information Act 2000, there are two types of exemption, “Qualified Exemptions” and “Absolute Exemptions”. When applying an exemption to information that is requested, if the exemption is a “Qualified Exemption”, then we are required to carry out a Public Interest Test. If any exemption applies which is “Absolute”, there is no requirement for us to carry out a Public Interest Test.
In relation to your request, Section 12 is a/are absolute exemption(s) and therefore, we are not required to carry out a Public Interest Test.
Response to further comments in your request for review
Within your request for review you noted some specific concerns as detailed below:
You wrote:
"The Public Sector Duty however does not require us to pay due regard to the specific groups you note below, those are Police identifiers."
Yes, those are the Police identifiers of the different Races.
Please would you send me the list of Race identifiers that Sheffield City Council use if they are different.
If you do not have a list of Race identifiers I fail to see how Sheffield City Council can have "due regard" for Race Relations as required by the Public Sector Equality Duty (Equality Act 2010).
In respect to this element of your request the Council has already confirmed that:
We do not monitor the same classifications as the Police do, however please find links to our monitoring form and monitoring information on our staff , customers, our partners and city information, in line with our Duties.
The linked monitoring form provides the ‘identifiers’ used when monitoring the racial demographic of the range of individuals we work with. I therefore consider that the requested information has been provided in full.
If you are unable to help please would you let me have the email contact details of the person responsible for Equalities in Sheffield City Council.
For your information the Council’s lead for Equality in Sheffield City Council (as noted on the associated policy) is Adele Robinson and her email address is adele.robinson@sheffield.gov.uk, you may alternatively wish to use the equalitiesandinvolvement@sheffield.gov.uk mailbox which is more regularly monitored.
It is very clear that the Police recognise the Racial difference between the IC1 White North European (Caucasoid) and the IC2 Dark South European (Melanochroid) Races and record and use this data for legal purposes.
Please can I have an Internal Review of Sheffield City Council Race Relations.
I am very concerned that no effort is being made to achieve European Race Equality.
In regard to your request for an Internal Review of the Council’s race relations, an internal review under the Freedom of Information Act is in relation to the processing of a request rather than the theme of the request or the information held. The process does not provide an opportunity to request a formal review of a policy the Council follows. However, I would like to confirm that the Council does regularly review its equalities policy, with the last review and update in 2014. The Policy is reviewed by the Council’s Strategic Equality and Inclusion Board which is chaired by the Chief Executive. The policy can be found at the following link:https://www.sheffield.gov.uk/your-city-council/policy--performance/how-we-will-deliver/other-strategies-plans-and-policies/equality-and-diversity.html
Review Decision - Conclusion
Taking the above into account, I am satisfied that the following exemption applies to the information that you have requested:
· Section 21 – Information accessible to applicant by other means
In conclusion, it is my view that your Freedom of Information request has been handled correctly and within the legal requirements of the Freedom of Information Act 2000.
I realise this is not the decision that you would wish, but I hope you can understand why I have upheld the original refusal to provide you with the details you have requested.
If you are dissatisfied with the outcome of your internal review, you are entitled to contact the Information Commissioner’s Office and they will consider whether your complaint is eligible for further review. The Information Commissioner’s details and guidance is available on the website at www.ico.org.uk.
Kind regards
Mark
Mark Knight
Information Management Officer
Information and Knowledge Management
Business Change & Information Solutions (BCIS)
Sheffield City Council
PO Box 1283 Sheffield S1 1UJ
www.sheffield.gov.uk
From: Derrick Lynch [mailto:derrick_lynch@hotmail.co.uk]
Sent: 02 June 2015 16:42
To: FOI
Cc: info@irr.org.uk; george.ruddock@gvmedia.co.uk; omar@runnymedetrust.org
Subject: Sheffield City Council Race Relations - Freedom of Information Request – Reference FOI/228
Dear Resources Business Support,
Thank you for your reply.
You wrote:
"The Public Sector Duty however does not require us to pay due regard to the specific groups you note below, those are Police identifiers."
Yes, those are the Police identifiers of the different Races.
Please would you send me the list of Race identifiers that Sheffield City Council use if they are different.
If you do not have a list of Race identifiers I fail to see how Sheffield City Council can have "due regard" for Race Relations as required by the Public Sector Equality Duty (Equality Act 2010).
If you are unable to help please would you let me have the email contact details of the person responsible for Equalities in Sheffield City Council.
It is very clear that the Police recognise the Racial difference between the IC1 White North European (Caucasoid) and the IC2 Dark South European (Melanochroid) Races and record and use this data for legal purposes.
Please can I have an Internal Review of Sheffield City Council Race Relations.
I am very concerned that no effort is being made to achieve European Race Equality.
I look forward to a reply from the correct person on this very serious issue.
King regards
Derrick Lynch, Black, IC3, B9, BEUR
From: FOI@sheffield.gov.uk
To: derrick_lynch@hotmail.co.uk
Subject: Response - Freedom of Information Request – Reference FOI/228
Date: Tue, 2 Jun 2015 10:13:56 +0000
Dear Derrick Lynch
Re: Freedom of Information Request – Reference FOI/228
Thank you for your recent request for information regarding Due regard to appropriate equality legislation which we received on 22/05/2015.
Please find below, Sheffield City Council’s response to your request:
With regard to your email Sheffield City Council pay due regard to the general Public Sector Equality Duty in a number of ways, see our website for further detailed information. There are links to relevant pages available on this page in relation to general duties of eliminating discrimination, victimisation and harassment, advancing equality of opportunity and fostering good relations. There is also a page on ourspecific duties under the Act.
https://www.sheffield.gov.uk/your-city-council/policy--performance/how-we-will-deliver/other-strategies-plans-and-policies/equality-and-diversity/equality-duties.html
The Public Sector Duty however does not require us to pay due regard to the specific groups you note below, those are Police identifiers.
“Please would you send me details of where I can find Council information showing that “due regard” has been exercised in recording and monitoring Race Relations between the IC1 White Northern European Race and the IC2 Dark Southern European Race as required by the Public Sector Equality Duty (Equality Act 2010).
We do not monitor the same classifications as the Police do, however please find links to our monitoring form and monitoring information on our staff , customers, our partners and city information, in line with our Duties.
https://www.sheffield.gov.uk/your-city-council/policy--performance/how-we-will-deliver/other-strategies-plans-and-policies/equality-and-diversity/equality-monitoring.html
As the linked information is accessible by other means it is exempt from disclosure under Section 21(1) of the Freedom of Information Act 2000.
I hope the information we have provided is of help to your enquiries. If you have any queries about this response, please do not hesitate to contact us.
If you are unhappy with the response you have received in relation to your request, you are entitled to have this reviewed. You can ask for an internal review by either writing to the above address or by emailingFOI@sheffield.gov.uk.
If you remain dissatisfied with the outcome of your internal review, you can contact the Information Commissioners Office. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, telephone 0303 123 113, or for further details see their website www.ico.gov.uk
Kind Regards,
Resources Business Support
Moorfoot Level 8 West Wing
Sheffield S1 4PL
Tel : 0114 20 53478
E-mail : FOI @sheffield.gov.uk
P Please don't print this e-mail unless you really need to
From: Derrick Lynch [mailto:derrick_lynch@hotmail.co.uk]
Sent: 20 May 2015 14:00
To: equalitiesandinvolvement
Cc: black.national.party@gmail.com
Subject: Sheffield City Council European Race Relations
To whom it may concern at the Council,
I am Derrick Lynch.
I live at 5 Hedge Hill, Enfield, London, EN2 8RU.
I am classified, by the British Government, as an IC3, Black, Male.
I have attached illustrated versions of the Race and Ethnicity Codes as used by the British Police and Civil Services.
I am a victim of Racism which I understand as being the same as White Supremacy.
I have been reading the Council website.
The Public Sector Equality Duty (Equality Act 2010) requires public authorities to have ‘due regard’ to the need to:
1. Eliminate discrimination, harassment and victimisation and any other conduct that is prohibited by or under the Act.
2. Advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it.
3. Foster good relations between people who share a relevant protected characteristic and those who do not share it.
This is a Freedom of Information Act request.
I am concerned about the management of European Race Relations and not about Ethnicity Relations or Diversity Relations.
As you know Race is one of the "Protected Characteristics" in the Equality Act 2010.
Race a Protected Characteristic
Refers to the protected characteristic of Race. It refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.
Note 1: http://www.equalityhumanrights.com/private-and-public-sector-guidance/guidance-all/protected-characteristics
Race as defined by the British Police
Code
Ethnicity
IC1
White - North European / White European
IC2
White - South European / Dark European
IC3
Black
IC4
Asian (in the UK Asian refers to people from the Indian subcontinent like India, Pakistan, Bangladesh, Nepal)
IC5
Chinese, Japanese, or other South East Asian
IC6
Arabic or North African / Middle Eastern
IC9
Unknown
Note 2: http://en.wikipedia.org/wiki/IC_codes#cite_note-mpabriefing-2
Please follow these links to understand the Official British Government codification of the differences between Race and Ethnicity.
Source:http://policeauthority.org/metropolitan/publications/briefings/2007/0703/index.html
Source: http://century.guardian.co.uk/1970-1979/Story/0,6051,106880,00.html
Race not to be confused with Ethnicity
I have given the link to the Ethnicity Data Standard as specified by the Information Standards Board to make it clear that I am not asking for Ethnicity information.
Source: http://www.education.gov.uk/escs-isb/standardslibrary/a0077051/ethnicity-data-standard
Failure to manage Race Relations effectively results in the failure to address the problem of Racism.
________________________________________________________________
This is the Freedom of Information Act request.
Please would you send me details of where I can find Council information showing that “due regard” has been exercised in recording and monitoring Race Relations between the IC1 White Northern European Race and the IC2 Dark Southern European Race as required by the Public Sector Equality Duty (Equality Act 2010).
_________________________________________________________________
It is very clear that the Police recognise the Racial difference between the IC1 White North European and the IC2 Dark South European Races and record and use this data for legal purposes.
I am very concerned that no effort is being made to achieve European Race Equality.
I look forward to your reply on this very serious issue.
King regards
Derrick Lynch, Black, IC3, B9, BEUR
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"There is no escape
from the
long arm of
the Racial law".
THE HOLY BOOK
OF
RACIAL GOVERNMENT
IC3 BLACK POWER
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