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Message
From: Prime, Amy}.
Sent: 13/05/2016
To: Loraine, Paul:
Subject: RE: Official Secrets Act [BD-4A.FID26859284]
Attachments: I rtf-body.rtf; DOC_32937579(1)_Research_ Official Secrets Act 1911 & 1989.DOCX; image001.jpg; image002.jpg;
image003.jpg; image004.jpg; image005.jpg; image006.jpg; image007.jpg
Morning Paul
Please find attached my research on the Official Secrets Act.
In summary:
The Official Secrets Act 1989 makes it an offence to disclose information which falls within
one of the six specified categories but only if the disclosure is damaging to the national interest;
The Act mainly applies to crown servants and government contractors (as discussed, we will need
to establish whether subpostmasters fall within either of these definitions) but has wider application to
any person where the information has been unlawfully disclosed to them by a crown servant and government
contractor so as to prevent further disclosure.
If the information which the a subpostmasters holds falls within these one of the specified
categories and the subpostmaster is classed as a government contractor, then the contract does not seem
to go further than the legislation.
However any information which does not fall within these categories is not covered by the official
Secrets Act and the subpostmaster should not have to seek permission to disclose this. If the contract
is interpreted to cover all information which the subpostmaster knows then the contract is far broader
than the Act. Similarly if the subpostmaster is not viewed as a crown servant and government contractor
then they would not fall within the main provisions of the Act.
It may be the case that Section 16 of the contract was pre-dates 1989, in which case it was drafted on
the basis of the 1911 Act which had a far wider reach.
If you have any questions or would like further information please let me know.
Many thanks
Amy
Amy Prime
Trainee Solicitor
Bond Dickinson LLP
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From: Prime, Amy
Sent: 11 May 2016 08:53
To: Loraine, Paul
Subject: RE: Official Secrets Act [BD-4A.FID26859284.
Morning Paul
One quick question - do you know if Post Office and the sub postmasters would be classed as government
contractors (i.e. a private company, either for profit or non-profit, that produces goods or services
under contract for the government)? The reason I ask is since this affects the application of the
official Secrets Act.
My understanding is that POL is owned by the government but Royal Mail provide the services to the
government through POL.
If this is easier to discuss over the phone please feel free to call.
Many thanks
amy
Amy Prime
Trainee Solicitor
Bond Dickinson LLP
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office:
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From: Loraine, Paul
Sent: 10 May 2016 12:31
To: Prime, Amy
Subject: Fw: Official Secrets Act
Amy
I think we can crack on with this research.
I will call this afternoon to explain but it would be helpful prep if you can look at paras 175-185 of
the letter of claim and section 16 of the attached SPMR contract to get a feel for what Freeths are
arguing. You may notice the wording in the attached contract differs from the sections quoted by Freeths
That is because there are many versions of the SMPR contract flying around - don’t worry about this for
the time being.
Thanks
Paul
Paul Loraine
solicitor
Bond Dickinson LLP
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From: Loraine, Paul
Sent: 10 May 2016.12.08...
To: "paul. inwood, Gi
Subject? Otticial Secrets Act
Paul
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It was good speaking to you - thanks for your time.
By way of a quick introduction (and so you have our details), my colleagues Andy and Tom are also working
on the group action. No doubt you will deal with us all at some point
We'11 look at the OSA at this end, informed by the helpful description you gave of how the OSA
obligations apply in practice to a modern SPMR (ie. that they apply narrowly in relation to internal
stakeholder information, eg. budget-related information /changes in vehicle excise duty / interest
rates).
Separately, as we discussed, if you could speak to your colleagues about any further examples of the
OSA’s application and come back to me, that would be very useful
Thanks
Paul
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