Freedom of Information

26 June 2008

Dear Mr Mills

Request under the Freedom of Information (Scotland) Act 2002

Thank you for your email of 19 June 2008 in which you requested information concerning named
individuals and details on any connection between these individuals and the European Commission
Expert Group on Violent Radicalisation; copies of correspondence relating to this; and details of
any University staff/advisors/honorary staff who are members of the EC group of Experts or of the
UN roster of experts on terrorism.

The University of St Andrews, as a public authority, has a duty under the Freedom of Information
(Scotland) Act 2002 (the Act) to respond to queries with that information held by it at the time the
request is received. Section 3 of the Act defines “Scottish public authority” and states under
subsection (2)(a)(i) that for the purposes of FOISA information is held by an authority if it is held
by the authority otherwise than on behalf of another person.

Magnus Ranstorp, Andrew Silke and John Horgan are not current members of staff and the
University therefore cannot comment on any membership they may currently hold of any group or
organisation. This information, with regard to Section 17 of the Act, is therefore not held by the
University.

I confirm that Alex Schmid is a current member of staff at the University of St Andrews. I have
consulted Prof Schmid and, while he has volunteered confirmation that he has been member of the
Expert Group, this has been entirely in a private consultancy capacity, separate from his position
and duties undertaken at or on behalf of the University of St Andrews. No contracts or letters of
appointment, or indeed any other correspondence, have been dealt with by or for the University in
connection with this membership. The University therefore is satisfied that, based on the definition
under section 3 (2)(a)(i), any information which Alex Schmid may hold in connection with the
Expert Group would be as a private individual, even where this information is physically held on
the University premises or stored on the University email system. Nonetheless, Alex Schmid has
voluntarily consented to the disclosure by the University on his behalf as a private individual that
his position with the Expert Group is unremunerated and also that the concise report written by the
Expert Groups will be made public by the European Commission in the near future, including the
names and position of its members.

Butts Wynd Building, St Andrews, Fife KY16 9AL

Tel 01334 462770, Email BI-Info@st-andrews.ac.uk
Guidance provided by the UK Information Commissioner, entitled: "Freedom of Information Act
Awareness Guidance No. 12" states that:

In most circumstances private emails sent or received by staff in the workplace would not
be held by the authority as it has no interest in them. It will be a question of fact and degree
whether a public authority does hold them, dependent on the level of access and control it
has over the e mail system and on the computer use policies. It is likely to be the exception
rather than the rule that the public authority does hold them.

The University of St Andrews’ Email Policy, which is available through our publications scheme:
http://foi.st-andrews.ac.uk/PublicationScheme/servlet/core.generator.gblobserv?id=1193 states that
the University accepts that appropriate use of e-mail for private non-commercial purposes is
permissible.

The University also has an External Work Policy Document (April 2003) issued by the University
Court which explicitly permits private consultancy on page 9 of that document:

(b) Private Consultancy: In this case, unlike (a) above, staff make their own
arrangements with the customer and are personally liable with regard to any claims arising
from the work undertaken in respect of any materials, information, advice, etc. Staff
undertake Private Consultancy as individuals and not as agents of the University.

More generally, external work activities of up to 30 days per annum are permitted by the Policy:

The Court places no restrictions on the earnings of staff from External Work but it would
not normally consent to staff proposing to devote more than the equivalent of 30 days per
annum (outside normal duties) to such work.

With reference to the third part of your request, to identify staff or other individuals connected
with the University as members of the EC Group of Experts or the UN roster of experts on
terrorism would likewise be a comment on activities of any such persons as private individuals
acting in a capacity independent of their University appointments. Therefore the University
considers that, in terms of the Act, this information is not held by the University of St Andrews.

In conclusion, as the University has decided that, with the exception of the information voluntarily
disclosed by Alex Schmid with regard to his private connection with the Expert Group, none of the
information requested is held as defined by section 3 (2)(a)(i) of the Freedom of Information
(Scotland) Act 2002. Therefore this letter constitutes a notice under section 17(1) of Act that
information is not held. If you are not satisfied with how the University has dealt with your request
you are entitled to ask the University to review its decision.

A request for review should:

 Be sent to the FOI Officer at the address below

 Be made in writing (either by letter, email or fax) or in some other recorded form, (e.g.
audio or video tape)
 State your name and an address for correspondence
  Describe your original request and the reasons why you are seeking a review
 Be made within forty working days after the date of this letter. (While not obliged to, the
University may choose to comply with a request for review made after the expiry of the
time allowed)

Once your request for review has been received, the University must, unless your request is
withdrawn or is either vexatious or repeated, review its decision and advise you of the outcome
and reasons for that outcome within twenty working days. You will also be notified within twenty
working days if your request for review is considered to be either vexatious or repeated.

If you are not satisfied with the outcome of the review you can lodge an appeal with the Scottish
Information Commissioner. The Commissioner’s contact details are:

Scottish Information Commissioner

Kinburn Castle
Doubledykes Road
St Andrews
Fife
SCOTLAND
KY16 9DS

Tel: 44 (0) 1334 464610

Fax: 44 (0) 1334 464611
Email: enquiries@itspublicknowledge.info

Please note that any complaint you may make to the University concerning the University’s
handling of your request will be treated as though you had made a request for review. The
University’s review procedure is available at http://foi.st-andrews.ac.uk/doc.jsp?id=1510

If you have any questions please contact me.

Yours sincerely

Nicki Brain
FOI Officer
Business Improvements
University of St Andrews
Butts Wynd
St. Andrews, Fife
SCOTLAND
KY16 9AL

Tel: 44 (0) 1334 461780

Fax: 44 (0) 1334 462759
Email: foi@st-andrews.ac.uk