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Correspondence with Representatives.

Correspondence with Representatives.

Postby Hairyloon » Mon Jan 30, 2017 6:27 pm

(A) writes to (B) marking the letter "Private and confidential-not for publication." (B) sends the letter to the papers. What comeback does (A) have?
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Re: "Private and confidential..."

Postby dls » Mon Jan 30, 2017 9:17 pm

the words need not be binding util the recipient accepts that they are. Material which is already published cannot be made confidential again.
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Re: "Private and confidential..."

Postby Hairyloon » Mon Jan 30, 2017 9:21 pm

If the words are on the envelope then does opening it indicate acceptance?
Is it "publishing" to say what it says in other words?
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Re: "Private and confidential..."

Postby dls » Mon Jan 30, 2017 9:22 pm

If the words are on the envelope then does opening it indicate acceptance?


Circumstances - but probably not.
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Re: "Private and confidential..."

Postby b1969 » Wed Feb 01, 2017 6:04 am

It's worth noting the test laid down by Megarry J in Coco v Clark for a successful claim for breach of confidence (while also noting that this may need to be modified in light of developments in human rights law). There's a helpful summary on Swarb.
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Re: "Private and confidential..."

Postby Hairyloon » Wed Feb 01, 2017 9:09 pm

This was not the letter in question, but I suspect it was an exchange of a similar nature. Not entirely relevant to the question in OP, but I wanted opinions on it and didn't really want to start a new thread. (Is not my MP BTW).

A Constituent wrote:I am compelled to write to you on the subject of the debate on the bill which allows the government to trigger article 50.

Whilst the EU referendum returned a vote to leave the EU it went no further than that. You cannot and do not know that it also represented a vote to leave the single market, or to allow US firms access to the NHS, or for Britain to become a tax haven or to leave Euratom.

Such a huge constitutional change should not even be considered without absolute clarity that the full implications are understood and agreed by a majority of the public. No such clarity exists at this time. It is therefore of the upmost importance that the current bill allowing article 50 to be triggered is not passed until such a time as it contains provision for further debate on the exact terms. Additionally and crucially, the final bill must contain a requirement for a further public vote on the terms versus retaining EU membership. This is the sole method of determining the scope of the mandate given by the public.

In a representative democracy you do not have a responsibility to enact the direct will of the people but to do what you consider to be in the best interests of your constituents based on your analysis of the facts. This is because it is unfeasible for an ordinary working citizen to have the time or information required to understand the full implications of complex issues. As the result of triggering article 50 in its current form is leaving the EU under any circumstances, no matter what the results of negotiations with other nations are, it must surely be impossible to determine at this stage, that this would be in the best interest of your constituents or indeed the country and I therefore ask you to think very carefully about your responsibilities before you vote to do so.

A failure to act in accordance with what you truly believe is in the best interests of your constituents is a grave failure in any elected representative.


A Representative wrote:This is absolute rubbish. How dare you insult the people so much and tell a bare faced lie that the NHS is a part of the UK trade proposals to the US.
As for the referendum, those of us who voted Leave were very clear it meant leaving the whole of the EU. Indeed the PM and George Osborne anf the whole Remain campaign repeatedly stated that voting Leave meant leaving the EU. So did Boris Johnson.
Had you done any research you would see that both the EU and the UK have always ensured that public services are written out of trade deals.
Maybe spend less time in a Corbynista echo chamber and a little more time respecting the decision of the people.
You have no right to seek to overturn the will of the people.
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Re: "Private and confidential..."

Postby Smouldering Stoat » Wed Feb 01, 2017 9:40 pm

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Re: "Private and confidential..."

Postby Hairyloon » Wed Feb 01, 2017 9:52 pm


That is not an effective mechanism where the seat is a safe one.
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Re: "Private and confidential..."

Postby Smouldering Stoat » Wed Feb 01, 2017 9:55 pm

That is the mechanism we have.
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Re: "Private and confidential..."

Postby atticus » Wed Feb 01, 2017 10:22 pm

Was the constituent's letter his own work, or was he cutting and pasting something produced by a campaign group or party?

I ask, as if the MP received a number of identical letters like this I could understand him being pissed off.
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