date: Wed Aug 5 16:58:21 2009
from: Phil Jones <REDACTED>
subject: My earlier comments
to: REDACTED
Hi Matt,
My comments were tongue in cheek! The agreements that we're talking about
are not really confidentiality agreements that you're talking about. Lots are
unwritten agreements that we make scientist to scientist. Where there are
written agreements they are signed between me (or previous Director's
of CRU) with other academic institutions, which were not with their
central administration (but again a sub part). CRU doesn't initiate these,
but if the other side wants it and it will help us do some work then we go
ahead and sign. There is never any obligation on CRU or UEA. They are generally
about agreeing to work together on something.
The agreements Dave is talking about are ones that relate to us not
making climate data available to third parties, which we have got from a
National Met Service.
FOI is causing us a lot of problems in CRU and even more for Dave, as he has
to respond to them all.
It would be good if UEA went along with any other Universities who might be
lobbying to remove academic research activities from FOI. FOI is having an
impact on my research productivity. I also write references for people leaving
CRU, students and others. If I have to write a poor one, I make sure I get
the truth to the recipient in a phone call. I'm also much less helpful responding
to members of the public who email CRU regularly than I was 2-3 years ago.
I've seen some of what I considered private and frank emails appear on websites.
Issue here is blogsites have allowed these climate change deniers to find one
another around the world.
Cheers
Phil
From: "Palmer Dave Mr (LIB)" <REDACTED>
To: "Jones Philip Prof (ENV)" <REDACTED>, "Colam-French Jonathan Mr
(ISD)" <REDACTED>, "Mcgarvie Michael Mr (ACAD)" <REDACTED>,
REDACTED"Ogden Annie Ms (MAC)" <REDACTED>
Date: Wed, 5 Aug 2009 15:32:05 +0100
Subject: FW: FOI/EIR request [FOI_09-69]
Thread-Topic: FOI/EIR request [FOI_09-69]
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Folks,
In response to one of Phil's earlier emails regarding any policies regarding entering
into confidentiality agreements etc, I sent a query to REE to determine what relevant
information they might have... and received the below response to which I have responded
as you can see...
This does present something of a 'issue' in terms of drafting a response and dealing
with any potential follow up request/query regarding our practices in this regard. I
wonder if whether said policy was in force at the time the agreements were entered into
would be a way around this... the request is for current policies clearly.... I will
enquire further with Matt Hume....
Cheers, Dave
___________________________________________________________________________________
From: Palmer Dave Mr (LIB)
Sent: Wednesday, August 05, 2009 3:23 PM
To: Hume Matthew Mr (ACAD)
Cc: Walker Alan Dr (ACAD)
Subject: RE: FOI/EIR request [FOI_09-69]
Matt,
Thanks very much for this... You have given me a bit of a conundrum on how to respond
but we do at least have something to work with....
What policy are you actually quoting from and is it publicly available? As the request
was for the entire policy, is there any issue with making the policy publicly
available? If the policy in regards confidentiality agreements is within a larger
document with unrelated material, I am happy to quote but I do think we will need to
provide a proper citation...
Cheers, Dave
REDACTED_______________________________________________________________________________
REDACTEDFrom: Hume Matthew Mr (ACAD)
REDACTEDSent: Wednesday, August 05, 2009 3:16 PM
REDACTEDTo: Palmer Dave Mr (LIB)
REDACTEDCc: Walker Alan Dr (ACAD)
REDACTEDSubject: RE: FOI/EIR request [FOI_09-69]
REDACTEDHi Dave,
REDACTEDWe all just had a very good laugh at Phil's comment "We do sometime ignore the
REDACTEDRegistry advice"... If this is going to have the kind of publicity that you suggest,
REDACTEDI would prefer if you do not quote ANY of his answer to question 1.
REDACTEDThe UEA actually has a very strict policy on entering into confidentiality
REDACTEDagreements, however as Phil so blithely admits, a handful of academics take it upon
REDACTEDthemselves to foul things up!
REDACTEDAs you will note from points 1 & 2 of our policy; no UEA employee, except members of
REDACTEDour office, has the right to sign anything on behalf of the university - the problem
REDACTEDis that funders/other parties can be sneaky by sending the agreement in the name of
REDACTEDthe academic.
REDACTEDOur policy is:-
REDACTEDSomeone from the Commercialisation & Enterprise Team should approve and sign all
REDACTEDConfidentiality Agreements:
REDACTEDonly our staff have the legal authority to sign agreements on behalf of the
REDACTEDUniversity
REDACTEDall agreements should be between the University of East Anglia and the party
REDACTEDrequesting the agreement (not an individual academic or school)
REDACTEDwe will negotiate with the other party on any issues within the document that may be
REDACTEDcontentious
REDACTEDby doing this we will ensure you the best protection of your IP rights
REDACTED(In special circumstances, authorisation may be obtained from the Commercialisation
REDACTED& Enterprise Team allowing you to sign the agreement yourself. Such authorisation
REDACTEDmust always be obtained in advance, will only be valid for a specific instance, and
REDACTEDthe standard university agreement must be used without amendment - unless we have
REDACTEDauthorised an amendment)
REDACTEDIn all cases, a copy of the fully signed confidentiality agreement must be retained
REDACTEDin our office.
REDACTEDFYI - we are currently finishing off the final touches to our new intranet pages -
REDACTEDthere will be a page on CDA's with this info on it.
REDACTEDAlso, I am away on holiday next week (10th -14th), so if you do any more info on our
REDACTEDpolicy regarding agreements etc, please contact Anne Donaldson, one of our
REDACTEDCommercialisation Managers ([1]REDACTED).
REDACTEDThanks
REDACTEDMatt.
REDACTED_________________________________________________________________________
REDACTEDFrom: Palmer Dave Mr (LIB)
REDACTEDSent: Wednesday, August 05, 2009 2:47 PM
REDACTEDTo: Hume Matthew Mr (ACAD)
REDACTEDCc: Walker Alan Dr (ACAD)
REDACTEDSubject: FW: FOI/EIR request [FOI_09-69]
REDACTEDImportance: High
REDACTEDMatt,
REDACTEDPlease note Phil Jones' response to question 1 below - would REE have anything
REDACTEDthat would be relevant to this request?
REDACTEDA bit of context - in response to a rejection of a request for data, we have
REDACTEDreceived over 50 requests for agreements, data and a combination thereof in
REDACTEDrelation to data sets that CRU maintains/holds. This is pretty high profile
REDACTEDand has been noted in blogs in the Guardian and Telegraph as well as in the
REDACTEDsource of all of this (see: [2]http://www.climateaudit.org). Be assure that
REDACTEDwhatever we state in response to this request is likely to be on the web,
REDACTEDshared and very public within hours of sending....
REDACTEDWe have a request from another individual exactly the same as below so there
REDACTEDwill be multiple recipients of the answer we give.
REDACTEDOur deadline for a response is 21 August but as I'm on hols commencing 17
REDACTEDAugust, the 'effective' deadline is 14 August.
REDACTEDCheers, Dave
REDACTED _________________________________________________________________________
REDACTEDFrom: Phil Jones [[3]REDACTEDREDACTED]
REDACTEDSent: Wednesday, August 05, 2009 12:15 PM
REDACTEDTo: Palmer Dave Mr (LIB); Colam-French Jonathan Mr (ISD); Ogden Annie Ms
REDACTED(MAC); Mee Andrew Mr (CSED)
REDACTEDCc: Whitehead Steve Mr (FIN)
REDACTEDSubject: Re: FW: FOI/EIR request [FOI_09-69]
REDACTEDDave,
REDACTED A few responses inline
REDACTEDCheers
REDACTEDPhil
REDACTEDAt 11:52 05/08/2009, Palmer Dave Mr (LIB) wrote:
REDACTEDFolks,
REDACTEDThe next 'other' request relating the the CRU agreements & data.
REDACTEDThe first part of the query will be answered in line with the answer given to
REDACTEDother requesters for the agreements.
REDACTEDIn regards the second part, I will need some assistance as noted below
REDACTED. A copy of policies and procedures regarding employee responsibilities
REDACTEDregarding entering into confidentiality agreements. REDACTEDns = "urn:schemas-microsoft-com:office:office" />
REDACTEDSteve, do we have any contracting policy on this? Phil - anything with CRU on
REDACTEDresponsibilities regarding entering agreements on behalf of CRU? I don't think
REDACTEDwe wish to state that we don't have any policies or procedures in place, but
REDACTEDI'm not sure what to actually put here...
REDACTEDI don't think there is anything - if there is I've never seen it. People in
REDACTEDCRU (not just me) enter into
REDACTEDagreements about data and/or writing papers and getting involved in projects.
REDACTEDUEA signs research
REDACTEDcontracts for us. UEA employees do the work, but UEA administers the grant.
REDACTEDThe various
REDACTEDagreements that UEA signs may say things about data access, but it will vary
REDACTEDdepending on
REDACTEDthe funding body. Some are more stringent than others. The Registry goes
REDACTEDthrough these.
REDACTEDThey mostly help the researchers by not letting ourselves sign away any
REDACTEDrights and IPR. We
REDACTEDdo sometime ignore the Registry advice, preferring to fall back on the verbal
REDACTEDagreements we
REDACTEDhave with the funders (their project officer). If we ever have a problem, we
REDACTEDprobably wouldn't
REDACTEDwork with them again. This has happened with some scientists I have
REDACTEDcollaborated with in the past.
REDACTED. A copy of policies and procedures regarding employee responsibilities
REDACTEDregarding the preservation of written agreements.
REDACTEDAh, records management rears its head.We have a general statement on our
REDACTEDwebsite regarding our responsibilities for RM but we do lack any overarching
REDACTEDrecords retention schedule or policy Phil, does CRU have anything in-house?
REDACTEDCRU has nothing in this regard.
REDACTED. A copy of policies and procedures regarding employees entering into verbal
REDACTEDagreements.
REDACTEDSee question 1; same issue here although more likely to have a nil response
REDACTEDhere consequences of that?
REDACTED As said in the 2 pager we're working on, we put some of the agreements in
REDACTEDthe letters we
REDACTEDwrote to Met Services requesting data (some of which we paid for).
REDACTEDThere has been a lot of time and effort gone into making these contacts. It
REDACTEDseems as
REDACTEDthough this counts for nothing.
REDACTEDAgain - unlikely to be anything. People agree things with other academics at
REDACTEDmeetings.
REDACTEDThis is how science works.
REDACTED. A copy of instructions to staff regarding compliance with FOI requests.
REDACTEDWe have web guidance that can be referred to, and a brochure that I distribute
REDACTEDthat could go here. and a statement regarding the training on offer
REDACTEDI'm not sure you want to go down this route!
REDACTEDCheers, Dave
REDACTED _________________________________________________________________________
REDACTEDFrom: steven mosher [ [4]REDACTEDREDACTED]
REDACTEDSent: Friday, July 24, 2009 8:16 PM
REDACTEDTo: Palmer Dave Mr (LIB)
REDACTEDSubject: FOI/EIR request
Dear Mr. Palmer:
REDACTEDPursuant to the Environmental Information Regulations, I hereby request
REDACTEDthe following information in respect to any confidentiality agreements
REDACTEDaffecting CRUTEM station data involving station data in NIGERIA,
REDACTEDNETHERLANDS, NORWAY, NEPAL,NAURU
REDACTED. the date of such agreement;
REDACTED. the parties to the agreement;
REDACTED. a copy of that part of the agreement that prevents further
REDACTEDtransmission
REDACTEDof the data to non-academics or others
REDACTED. a copy of the entire
REDACTEDagreement
In addition, I hereby request the following
REDACTEDinformation:
1. A copy of policies and procedures regarding employee
REDACTEDresponsibilities regarding entering into confidentiality
REDACTEDagreements.
2. A copy of policies and procedures regarding employee
REDACTEDresponsibilities regarding the preservation of written
REDACTEDagreements.
3. A copy of policies and procedures regarding employees
REDACTEDentering into verbal
REDACTEDagreements.
4. A copy of instructions to staff regarding compliance with FOI
REDACTEDrequests.
I am requesting this information as part of my academic research.
REDACTEDThank you for your attention,
REDACTEDSteven M. Mosher
REDACTEDProf. Phil Jones
REDACTEDClimatic Research Unit Telephone +44 (0)REDACTED
REDACTEDSchool of Environmental Sciences Fax +44 (0)REDACTED
REDACTEDUniversity of East Anglia
REDACTEDNorwichREDACTED Email REDACTED
REDACTEDNR4 7TJ
REDACTEDUK
REDACTEDREDACTEDREDACTEDREDACTEDREDACTED---
Prof. Phil Jones
Climatic Research Unit Telephone +44 (0)REDACTED
School of Environmental Sciences Fax +44 (0)REDACTED
University of East Anglia
NorwichREDACTED Email REDACTED
NR4 7TJ
UK
REDACTEDREDACTEDREDACTEDREDACTEDREDACTED
Climategate 2 FOIA 2011 Searchable Database
