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HiDeHo
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Date Posted:24/02/2018 3:37 AMCopy HTML


https://joana-morais.blogspot.ca/2009/03/mccann-case-freedom-of-information-act.html

McCann Case: Freedom of Information Act on John Buck former Ambassador

It was Tony Blair and Gordon Brown who were behind the instructions given to the UK ambassador, John Buck, and to the British consul, Bill Henderson (the two senior UK diplomats in Portugal at the time she disappeared), to make sure Gerry and Kate McCann were given all possible assistance.

A few minutes after the return to Faro of the team of experts that the PJ had sent to Leicester, Her Majesty's British Ambassador, John Buck, to the Portuguese Republic was already visiting their premises. The presence of the diplomat, that has been confirmed by several journalist, is in direct relation with the Madeleine McCann case and was not asked by the Portuguese Authorities. The ambassador has stayed half an hour with the police.

John Buck - British Ambassador in Portugal in May 2006 - resigns his post on 10/09/07 - shortly after the McCanns are made suspects. John is replaced by Alexander Ellis. Leaves the Diplomatic Services entirely.

Related

Daily Express: Madeleine: British Diplomat had doubts about McCanns
3 December 2007 (no longer on-line)

A British diplomat warned the Foreign Office of concerns regarding Mad­eleine McCann’s parents, it emerged last night. Doubts about Kate and Gerry McCann were raised almost immediately by an official sent to Praia da Luz due to what he considered to be “inconsistencies” in the couple’s testimonies about the night the four-year-old vanished. The warning was contained in a classified document sent from the Algarve to the Foreign Office days after Madeleine’s disappearance. Details of the letter have been leaked through the British diplomatic mission in Brussels to the respected Belgian newspaper Derniere Heure. 

The unnamed diplomat voices his concern about the “confused declarations” as to the whereabouts of Kate and Gerry McCann and their friends in the final hours before Madeleine’s disappearance. He also mentions the couple’s “lack of co-operation” with the Portuguese police in the light of instructions from London suggesting consular staff “overstretch their authority and put pressure on the Portuguese authorities”. The document also asks for confirmation of orders sent by the Foreign Office in London the day before, commanding embassy staff to give “all possible assistance to the McCann couple”. 

Diplomats on the Algarve were told the McCanns had to be “accompanied at all times during any contact with the Portuguese police” by a member of consular staff or by British police officers sent out from the UK. The letter, sent just days after Madeleine disappeared, warns of the risks of siding with the McCanns so completely. Excerpts published in a report by La Derniere Heure quote the diplomat as saying: “With the greatest respect, I would like to make you aware of the risks and implications to our relationship with the Portuguese authorities, if you consider the possible involvement of the couple. “Please confirm to me, in the light of these concerns, that we want to continue to be closely involved in the case as was requested in your previous ­message.” 

A huge team of diplomats have been involved in the case since Gerry McCann asked the Foreign Office for help. In an unprecedented move, the then Prime Minister Tony Blair despatched special envoy Sheree Dodd, a former Fleet Street journalist, to Portugal to act as a “med­ia liaison officer” for the McCann family. Direct government communications with the McCanns came to an abrupt halt, however, when the couple were made official suspects in the case in September. 

Portuguese detectives believe it is possible Madeleine died as the result of an accident on May 3 in the family’s holiday apartment and that her parents hid and later disposed of her body with the help of their friends. The couple have always said they had nothing to do with their daughter’s disappearance. The Belgian report says it is highly significant that almost all of the diplomats involved at the outset have now been taken off the case.

Special envoy Sheree Dodd has since resigned from the Foreign Office, the British consul in the Algarve Bill Henderson has retired and the British ambassador to Portugal John Buck is no longer in Portugal. Last night the Foreign Office refused to comment on the report.



Extracts from the FOI released by ICO - Information Commissioner's Office

Freedom of Information Act 2000 (Section 50) Decision Notice 3 March 2009 Public Authority: Foreign and Commonwealth Office - Reference: FS50188322 

In October 2007 the complainant asked the Foreign and Commonwealth Office (FCO) for information concerning communications between the then Ambassador to Portugal John Buck and the Portuguese police on the subject of the disappearance of the child Madeleine McCann. However, some further information continued to be withheld; it was this refusal to provide information that the Commissioner investigated.

FCO added that, at the time of the internal review (December 2007), the investigation into the disappearance of Madeleine McCann had been ongoing and that, for legal reasons, it had not been possible to disclose further information then.

FCO told the Commissioner that, although the Portuguese authorities had released many documents about the investigation into the disappearance of Madeleine McCann, sensitivities remained and FCO believed that the section 27(1)(a)* exemption still applied. If FCO were to disclose all the details about HM Ambassador’s contact with the Portuguese police they would risk damaging the relationship on which good inter-governmental co-operation was based.


FCO recognised the public interest in knowing the extent of UK government involvement in the investigation but believed that the reasons for exemption outweighed those that favoured release.

The Full Freedom of Information Act on John Buck, The British Ambassador in 2007 at the time of Madeleine McCann disappearance.

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*The exemption under section 27 exists to protect the United Kingdom's international relations, its interests abroad and the United Kingdom's ability to protect and promote those interests. [full PDF here]

Section 27 consists of two different kinds of exemption:

Section 27(1) focuses on the effects of disclosure rather than on the type of information. Information is exempt if its disclosure would or would be likely to prejudice any of the matters mentioned in section 27(1)(a) - (d):

a) relations between the UK and any other state

b) relations between the UK and any international organisation or international court

c) the interests of the UK abroad

d)the promotions or protection by the UK of its interests abroad

Section 27(2) protects confidential information obtained from a foreign state, an international organisation, or an international court. Section 27(2) describes information by reference to its origins and the circumstances in which it was obtained.
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Re:Freedom of Information

Date Posted:24/02/2018 3:37 AMCopy HTML


 
Reference: FS50188322
Legal annexGeneral Right of AccessSection 1(1)
provides that -“Any person making a request for information to a public authority is entitled –(a) to be informed in writing by the public authority whether it holds informationof the description specified in the request, and(b) if that is the case, to have that information communicated to him.”
Time for ComplianceSection 10(1)
provides that –“Subject to subsections (2) and (3), a public authority must comply with section1(1) promptly and in any event not later than the twentieth working day followingthe date of receipt.”
International RelationsSection 27(1)
provides that –“Information is exempt information if its disclosure under this Act would, or wouldbe likely to, prejudice-(a) relations between the United Kingdom and any other State, ... 
Law enforcementSection 31(1)
provides that –“Information which is not exempt information by virtue of section 30 isexempt information if its disclosure under this Act would, or would be likelyto, prejudice-(a) the prevention or detection of crime,(b) the apprehension or prosecution of offenders,(c) the administration of justice, ... 
Personal informationSection 40(2)
 provides that –“Any information to which a request for information relates is also exemptinformation if-(a) it constitutes personal data which do not fall within subsection (1),and(b) either the first or the second condition below is satisfied.”
Section 40(3)
 provides that –“The first condition is-(a) in case where the information falls within any of paragraphs (a) to(d) of the definition of "data" in section 1(1) of the Data Protection
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Reference: FS50188322
 Act 1998, that the disclosure of the information to a member of thepublic otherwise than under this Act would contravene-(i) any of the data protection principles, or(ii) section 10 of that Act (right to prevent processing likely tocause damage or distress), and(b) in any other case, that the disclosure of the information to memberof the public otherwise than under this Act would contravene any ofthe data protection principles if the exemptions in section 33A(1) ofthe Data Protection Act 1998 (which relate to manual data held bypublic authorities) were disregarded.” ...
Information provided in confidence.Section 41(1)
provides that –“Information is exempt information if-(a) it was obtained by the public authority from any other person(including another public authority), and(b) the disclosure of the information to the public (otherwise than underthis Act) by the public authority holding it would constitute a breachof confidence actionable by that or any other person.”
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Reference: FS50188322
 Annex 2
The Commissioner’s decision concerning the information still being withheld by FCO isset out in the following table:Documentref:Reference to the information The Commissioner’s decision12a Extract from email between Portimao andLisbon of 9 May 2007 (section 40)To be withheld, section 40 12a Extract from internal FCO email of 10 May2007 (section 27/ 31)To be withheld, section 2713aa Extract from internal FCO email of 10 May2007 (section 27/ 31)To be withheld, section 2713b Extract from email between FCO andJohn Buck of 11 May 2007 (section 27/31)To be withheld, section 2713d Extract from email between John Buckand FCO/ Lisbon of 11 May 2007 (section27/ 31)To be withheld, section 2713e Extract from internal FCO email of 11 May2007 (section 27/ 31)To be withheld, section 2715a Extract from email between Lisbon andFCO of 15 May 2007 (section 27/ 31)To be withheld, section 2716a Extract from letter from John Buck to FCOof 16 May 2007 (section 27/ 31)To be withheld, section 2716b Extract from email between Portimao andFCO of 22 May 2007 (section 27/ 31)To be withheld, section 2717 Extract from email between Portimao andFCO of 24 May 2007 (section 27/ 31)To be withheld, section 2719 Extract from internal email of 18 June2007 (section 27/ 31)To be withheld, section 2719a Extract from email between John Buckand FCO/ Portimao of 19 June 2007(section 27/ 31)To be withheld, section 2719b Extract of email between FCO and FCO/Lisbon of 21 June 2007 (section 40)To be withheld, section 40 
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