Following my article in the Guardian yesterday I have made this Freedom of Information request of H M Revenue & Customs this morning:
I am not optimistic of getting a useful reply, but it's worth a try.
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Richard, this written evidence by HMRC to the Treasury Select Committee in 2011 (no 2. Q204-205) will interest you. http://www.publications.parliament.uk/pa/cm201012/cmselect/cmtreasy/731/731we13.htm
It states, amongst other things, that:
“Where staff are suspected of either accessing or deliberately disclosing information without authorisation, Internal Governance will investigate and oversee disciplinary proceedings that may lead to dismissal. Depending on the nature of the incident it is also possible for staff to be prosecuted if they have breached the Data Protection Act and/or the Commissioners for Revenue & Customs Act. SINCE 2007 HMRC HAS HAD 35 SUCH CASES WHERE FRAUD HAS BEEN INVESTIGATED, ie STAFF SUSPECTED OF DELIBERATE UNAUTHORISED DISCLOSURE.
2007-08 4 investigations
2008-09 8 investigations
2009-10 14 investigations
2010-11 9 investigations (April to Sept)”
What is striking from the passage in upper case is the fact that it is HMRC’s policy, which they are happy to put before a select committee and in the public domain, that any unauthorised disclosure — even disclosures under the Public Interest Disclosure Act (PIDA) — is FRAUD! I imagine this was why they were happy to use RIPA against Mr Mba even though he claimed protection under PIDA on a matter of obvious public interest.
It’s great you’re taking this on. As I stated above, this written evidence was submitted to the Treasury Select Committee and they accepted it without any fuss!