FI15333
Request
1.The number of candidates of Polish or Polish descent who have stood for election within your local authority area in the last five years.
2. The number of councillors of Polish or Polish descent currently serving in your local authority.
3. The number of councillors of Polish or Polish descent who have served in your local authority in the past five years.
Response
Under the Representation of the People Act 1983 as amended, the Council must appoint an officer of the Council to be the Returning Officer for any constituency or part of a constituency coterminous with or situated in the Council’s area. The Council’s Chief Executive is the appointed officer for the registration area of Dover District. His appointment as Returning Officer (RO) and as Electoral Registration Officer (ERO) is separate to his appointment as Chief Executive and, although appointed by the Council, both the Electoral Registration Officer and the Returning Officer’s responsibilities and duties are personal. An example of this is that the register of electors is deemed to be the property of the Electoral Registration Officer, not the local authority.
The Electoral Registration Officer and the Returning Officer do not carry out the duties on behalf of the local authority but in their own personal capacity. A list of public bodies and local authorities that are subject to the provisions of the Freedom of Information Act is available at the following website: https://ico.org.uk/for-organisations/guidance-index/freedom-of-information-and-environmental-information-regulations/public-authorities-under-foia/.
As you will see, the Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. It follows that the Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act.
Notwithstanding that there is no statutory obligation to provide this information under FOI regulations, the answers to your questions are as follows:
1. A candidate’s ancestry is not information that is required to stand for election, and therefore this information is not asked for or held. Similarly, to stand as a candidate you only need to confirm that you are eligible to stand as a candidate – you do not need to state your nationality on any of the nomination papers. The Returning Officer therefore does not hold this information on any candidates.
2. The Council does not hold this information.
3. The Council does not hold this information.