Dear Mr Benson

Further to your request for certain information in relation to Terrorism Legislation submitted
under the Freedom of Information Act 2000, the University has considered your request and
provides the following response:

Q1 – No

Q2 – The University does not have a ‘module review process’ similar or analogous to that
established at the University of Nottingham.  The University does not have a procedure for
review or assessment of reading lists/teaching materials which explicitly considers questions
of safety and risk under terrorism legislation; however, the University does have robust
quality assurance processes for all of its teaching provision and further information on the
University’s quality assurance processes can be found at:
http://www.ntu.ac.uk/CASQ/quality_assurance/index.html.

Q3 & Q4 - The University neither confirms nor denies that it holds information falling within
the description specified in your request and this email acts as a Refusal Notice under
Section 17 of the Freedom of Information Act 2000 in respect to the questions raised at Q3
and Q4 of your email dated 26 April 2010.

The duty in Section 1(1)(a) of the Freedom of Information Act 2000 does not apply by
virtue of the following sections of that Act:

Section 24 (2) – National Security

Section 31 (3) – Law Enforcement

This should not be taken as an indication that the information you requested is or is not
held by the University.

In relation to the above Sections of the Act the University considers that the public interest
in withholding the information outweighs the public interest in disclosing it.  In line with all
public authorities, the University wishes to maintain an ethos of transparency and openness
and it is recognised that confirming or denying the above requests or providing information
might encourage openness, accountability and informed public debate.  It is recognised that
there is public and media interest in knowing about extremism or potential extremism on
University campuses, the extent to which authorities are aware of it where it exists and
University processes.  In addition it is perceived by the media that there is extremism in
universities and confirming or denying the request or providing details may provide accurate
information on this topic.

Confirming or denying would also lead to additional scrutiny by the media and public and
lead to the University justifying its decision to disclose or not to disclose requested details if
held.  The public may be made aware of close relationships between UK authorities and
equivalent authorities in other jurisdictions.

However, the work of the Security Services, particularly those in the UK, is to protect
national security.  In order for this to be achieved it is understood that the majority of
intelligence led operations are and must be covert.  It is possible that confirming or denying
whether information is held or providing any information could reveal whether the
University has been a national security focus and/or reveal individuals or groups involved or
potentially involved in terrorism, whether or not police are aware of such criminal activities. 
It may make targeted groups become aware of interest or encourage groups to continue
with activity they believe may be unnoticed. 

The balance is clearly not in the public interest to confirm or deny the requested information
is held as to do so may trigger the negative consequences above and because a consistent
approach to such requests is critical.

The University cannot fully meet your request at this time, however, you have the right to
appeal against our decision.  If you wish to appeal, please set out in writing your grounds of
appeal and send to Mr Bill Turner, Head of Governance & Legal Services, Nottingham Trent
University, Burton Street, Nottingham, NG1 4BU (or foi.enquiries@ntu.ac.uk); further
information on the University’s complaints process under Freedom of Information is
available at http://www.ntu.ac.uk/about_ntu/policies/foi_act/complaints/index.html.  You
also have the right, under Section 50 of the Freedom of Information Act 2000 to apply to
the Information Commissioner for a decision as to whether your request for information has
been dealt with in accordance with the requirements of Part 1 of the Act.  The Commissioner
will, however, normally require you to pursue an internal appeal to the University prior to
considering such an application.  You can find further information about the Act from the
Information Commissioner at www.ico.gov.uk. 

Regards
Tracy J Landon
Legal Services Manager
Legal Services
Nottingham Trent University
Tel: 0115 848 8754
Fax: 0115 848 8768
tracy.landon@ntu.ac.uk

From: ian.benson22@btinternet.com [mailto:ian.benson22@btinternet.com]

Sent: Monday, April 26, 2010 12:04 PM
To: ian.benson22@btinternet.com
Subject: FOI Request - Terrorism Legislation

FOI Request – Terrorism Legislation

I would like to request the following information under the provisions of the Freedom of
Information Act. I would ask you to send your response by e-mail.

Q1  Does your institution provide any information or advice to students or staff on any
potential liability under Terrorism legislation which might result from accessing materials
for teaching or research ? If so please provide copies of any documents held which
detail or refer to such information or advice.

Q2  Does your institution have any kind of procedure to review or assess reading lists,
module descriptors or other teaching materials which explicitly or in practice considers
questions of safety and risk under terrorism legislation as part of its remit ? For example
does the institution have anything similar or analogous to the 'module review process'
established at Nottingham University described here :

http://www.timeshighereducation.co.uk/story.asp?storycode=407122;
http://www.teachingterrorism.net/2009/08/03/nottingham-censorship-a-defence;
http://www.teachingterrorism.net/2009/08/06/is-vetting-at-nottingham-in-defence-of-
academic-freedom
If so please supply full details of this policy and procedure and advise when and how it
was decided upon and implemented.

Q3  Does your institution have any system, policy or procedure in place for dealing with
any potential actions taken by the authorities against the institution, its students or staff
under Terrorism legislation ? If so please supply a copy of the policy and advise the
date it was decided upon and implemented.
 
Q4  Does your institution have any system, policy or procedure in place for ‘preventing
violent extremism’ as recommended for example in the government guidance document
‘Promoting Good Campus Relations’

http://webarchive.nationalarchives.gov.uk/tna/
+/http://www.dius.gov.uk/publications/extremismhe.pdf

Please indicate what procedures or policy exist and advise when it was decided upon
and implemented, and provide copies of any documents held which detail or refer to
such policy or procedures.
 

Thank you very much for your assistance.

Ian Benson

10 County House Mews, Monkgate, York YO31 7NR  01904 673880

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