FOI - Jurisdiction of Parliament

Re: FOI - Jurisdiction of Parliament

Postby Farmer » Sun Dec 06, 2009 2:17 pm

As they have still not replied I just sent this:

Dear Mr Adrian Brook,

I am sending this as it concerns me that you have not so far replied to me reply to you on the 24th October 2009. If you could deal with this matter I would be very grateful.

Yours sincerely,

John Smith
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Re: FOI - Jurisdiction of Parliament

Postby Farmer » Tue Dec 15, 2009 11:22 am

Final reply to my request:

Brook Adrian
Home Office

15 December 2009

Dear Mr Smith

I am sorry not to have replied sooner to your e-mail of 24 October, in which you asked a number of follow-up questions following my reply to your original Freedom of Information (FoI) request of 28 September.

The points which you raise are not matters for which the Home Office has policy responsibility or on which we hold information. Your e-mail of 24 October has been treated as a general enquiry rather than as a further request under the FoI Act. The following is my understanding of the position.

"Unless a child whether born or unborn is a slave, it is not possible for another entity to impose their will on it without resorting to force. Now obviously the child's parents may do so. However, where does parliament get this right from? If it is a statute, which one is it?"

Parliament is the highest legislative authority in the United Kingdom. It is made up of the House of Commons, House of Lords and the Queen. Parliament derives its authority not from a single statute but from its place in the United Kingdom's (unwritten) constitution. The history of the way in which the UK consititution and the UK Parliament have become established over time are not matters on which on which I am in a position to advise you. The Ministry of Justice (MoJ) is the Government Department with primary responsibility for constitutional affairs. The MoJ website is at www.justice.gov.uk. Parliament has its own website at www.parliament.uk.

In regard to your answer to question 2: Who or what is the Crown as referred to in your reply?

Works made by officers or servants of the Crown in the course of their duties qualify for Crown copyright protection under the Copyright, Designs and Patents Act 1988. In this context 'the Crown' for practical purposes means the Government.

In regard to your answer to question 3: How can this be so? Acts of parliament (statutes) are only colour of law and require consent. A foreigner has not consented to those acts, so either they are forced to comply with force, or they are assumed to have consented. Which one is correct, if any?

A foreigner who visits or chooses to live in the UK is assumed to have consented to be subject to the laws of the UK by coming here. The same would apply to a UK national who visits or goes to live in another country.

In regard to your answer to question 4: What about embassies and military bases occupied by foreign military forces like those from the US? If these are not foreign jurisdictions, are they jurisdictions by treaty or contract? Is this also the case with the City of London?

There are, as you suggest, special considerations in relation to embassies and foreign military bases in the UK, but these are not matters on which I can advise you. The status of embassies would be a matter for the Foreign and Commonwealth Office, whose website is at www.fco.gov.uk. Military bases would be a matter for the Ministry of Defence, whose website is at www.mod.uk. The City of London has its own particular status, but it is not a jurisdiction separate from that of the rest of UK.

Regards

Adrian Brook
Information Access Team
Information Management Service
Ground Floor, Seacole Building (NW)
Home Office
2 Marsham Street
London SW1P 4DF
Tel. 020 7035 1022
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Re: FOI - Jurisdiction of Parliament

Postby MikeThomas » Tue Dec 15, 2009 11:44 am

Farmer posted:
A foreigner who visits or chooses to live in the UK is assumed to have consented to be subject to the laws of the UK by coming here. The same would apply to a UK national who visits or goes to live in another country.



So I take it from this that they have 'Assumed' that we have also concented! To assume makes an 'ass' out of 'you & me' :yes:
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Re: FOI - Jurisdiction of Parliament

Postby Farmer » Tue Dec 15, 2009 11:58 am

Haha, I like it Mike.

Although they have said that it does not come under a FOI I am thinking of writing back and to get this clarified a bit more. The reason is that if they have assumed that you have consented it follows that you do not have to.
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