Archive for May, 2008

The Freedom of Information Act 2000 - Basic Provisions and Useful Cases

Thursday, May 29th, 2008

By Ian Mann Introduction 1. The Freedom of Information Act 2000 (the Act’) and the Environmental Information Regulations 2004 (the EIR’) have created a small number of cases that have made significant jurisprudence creating onerous new requirements for Local Government. 2. The full provisions of the Freedom of Information Act 2000 came into force for all Public Authorities in January 2005. Local Government has been preparing for full implementation for a number of years certainly as long ago as February 2003 when Public Authorities were required to make information available through their “Publication Schemes”. However, full implementation and making assessments as to how the Act and its provisions should be interpreted, has brought with it a whole host of potential legal pitfalls. 3. Two codes of practice have been created under the Act which will be of help to public authorities in meeting their new responsibilities. It will be important to follow both the letter and spirit of the statutory codes of practice pursuant to sections 45 and 46 of the Act so as to avoid costly litigation before the Information Commissioner and/or the Information Tribunal. 4. The Access Code gives the skeletal framework for compliance, but in an area of law that is largely untested in the English courts, making sensible and informed decisions will be of paramount importance. 5. Exemptions from disclosing information include certain information relating to national security, information that would prejudice international relations, commercially sensitive information, and confidential information. Commercially sensitive information has already cause litigation in the early stages of implementation of the Act. This will affect Local Authorities’ ability to tender for work. Important cases 6. In John Connor Press Associates v Information Commissioner EA/2005/0005 (25 January 2006) a request was made by John Connor Press Associates to the National Maritime Museum in relation to payments made to an artist for work commissioned by the museum. The Commissioner held that: the museum was involved in active negotiations with another artist that the premature release of the details of the financial arrangements between the museum and the artist would prejudice the museum’s bargaining position in these negotiations. the commercial interests exemption (s.43(2)) applied. that the public interest in withholding the information at the time outweighed the public interest in disclosing it. 7. The decision was appealed to the Information Tribunal. The Tribunal considered the ambit of “likely to prejudice” in s.43(2) and held that: “The question we have to answer in relation to the first ground of appeal is whether disclosure of the particular information withheld . . . would have been “likely” to cause such prejudice to the [museum]. We interpret the expression “likely to prejudice” as meaning that the chance of prejudice being suffered should be more than a hypothetical or remote possibility; there must have been a real and significant risk. We draw support for that view from the words of Mr Justice Munby in R (on the application of Lord) v Secretary of State for the Home Office [2003] EWHC 2073 (Admin), a case in which the same expression fell to be construed under the Data Protection Act 1998. 8. The Tribunal also rejected a submission on behalf of the Information Commissioner that its jurisdiction under s.58 of the Act was limited to reviewing his decision on a public law judicial review basis. 9. Applying that test, the Tribunal found that the threshold of “likely to prejudice” had not been met on the basis that: a considerable amount of information had been disclosed by the museum which would have been of use to those with whom the museum was engaged in negotiations. some details of the contract with had already been disclosed. The works of art of the two artists were so different that they could not be used as comparables for purposes of a negotiation. 10. In Harper v Information Commissioner EA/2005/0001 20/11/05 the Applicant made a FOIA request of the Royal Mail as to whether there had been requests for access to his personal file. The request was declined on the basis that that Royal Mail did not hold the record of the information asked for. The Commissioner accepted that Royal Mail did not hold the information. However, he found that the response was not sent within the 20 day time limit. 11. The Applicant appealed to the Information Tribunal. The Tribunal upheld the Commissioner’s decision, but went on to give some helpful guidance. The Tribunal considered that it was plain from the wording of s.1(4) that information can be held at one time, but not be held at the time that a request is received. It gave as an example of a lawful deletion a computer database which is completely erased every six months. It found that, if a request is made on 1 January, and the 6-monthly deletion happened on 10 January, with the time for compliance expiring in late January, it “is possible to take account of that deletion.” Conversely, a conscious decision to delete relevant information upon receiving a request would “not be in the ordinary course of business and would be unlawful.” 12. The Tribunal then considered whether it could be said that a public authority still “held” information which had been deleted from computer records. The Tribunal noted that most modern computer systems in fact did not actually “delete” information. The Tribunal gave practical guidance as to how authorities should attempt to recover data taking note of the following: the “restore” function in Windows. the use of “backup” tapes. the possibility of using “un-delete” or “recovery” software. 13. It was further held that: “The extent of the measures that could reasonably be taken by a Public Authority to recover deleted data will be a matter of fact and degree in each individual case. Ian Mann is a Public and Employment Law Barrister at 13 Kings Bench Walk, Templehttp://www.employment-barrister-uk.com and http://www.13kbw.co.uk Article Source: http://EzineArticles.com/?expert=Ian_Mann http://EzineArticles.com/?The-Freedom-of-Information-Act-2000—Basic-Provisions-and-Useful-Cases&id=398119 same day military payday loans unsecured loans for people with bad credit sjm marketing loan company payday cash advance no checking account

Introduction to Gardening

Monday, May 26th, 2008

By Robert Gettle Gardening is therapy for some people, a rewarding and quiet retreat from their fast-paced lives. Gardening can reward you with a bountiful harvest unmatched by any store-bought produce. And for practical people gardening is also an invigorating and enjoyable work that is part of maintaining your home and property. Nurturing and tendering flowers and vegetables does not require an acre spread or an expansive backyard. A look around any city will reveal balconies of condominiums,apartment windows and rooftops of high rise buildings displaying a great variety of containers of wildly growing plants. You need to know some basics to get started in gardening so the work you put in will produce good healthy results. That is what Gardening With Bob is all about. It will be a handy reference for first-time gardeners who want to know how to maintain and care for yard and garden while saving money by doing it themselves. Here you will find gardening projects that cover care and maintenance chores, planting basics and simple things you can do for your back yard. You’ll see what tools are most useful for what jobs and how to use them correctly. An important connection you will have to make is to find a local nursery or garden center where you can purchase plant materials. You might have to do some looking around but it will be worth the time it takes to find a plant source you like. If you can do your Garden shopping during the week instead of on the weekend you’ll find the sales personnel have more time to help you. Don’t be overwhelmed by what you see when you walk into a large nursery or garden center and don’t be discouraged. Speak up and don’t be bashful. Every time you visit you become more familiar with the plants and how to find what you were looking for. You might save some money on your gardening materials at a grocery or hardware chain store but since gardening materials are not their main business salespeople will not be as knowledge. Shopping at a local nursery or garden center is the best bet for first-time gardeners because that’s where you’ll find information and answers to your questions from experts in the local area. Robert Gettle bob@bobgettlelandscaping.com http://www.bobgettlelandscaping.com 25 years experience in landscaping. Article Source: http://EzineArticles.com/?expert=Robert_Gettle http://EzineArticles.com/?Introduction-to-Gardening&id=482028 cheats for pogo payday freecell stop social security withholding paycheck cash loans for poor credit low interest personal loans

The Frightening Truth About Household Products

Sunday, May 18th, 2008

By Theresa Allen Children in America today inhabit a world that is vastly different from that of two generations ago. The traditional infectious diseases have been largely eradicated. The expected life span of a baby born now in the United States is 20 years longer than that of a child born at the beginning of the 20th century. But children today face hazards in the environment that were neither known nor suspected only a few decades ago. There have been at least 75,000 new synthetic chemicals developed and dispersed into our environment and fewer than half of these compounds have ever been tested for their potential toxicity to humans and fewer still have been assessed for their toxicity to children, according to the Office of Childrens Health Protection of the US Environmental Protection Agency. Childrens Environmental Health Basics: A Brief Fact Sheet lists historical facts that show an increase in birth defects, behavioral disabilities and serious illnesses in children as the production of synthetic chemicals has increased over the past half-century. According to America’s Children and the Environment: Measure of Contaminants, Body Burdens and Illnesses (2003), the incident of cancer in children jumped 26% between 1975 and 1998. The report, In Harm’s Way, authored by Greater Boston Physicians for Social Responsibility, links chemicals widely used by industry and commonly found at home to learning, behavioral and developmental disabilities. Many of us assume that if products are sold in stores, they are safe. Unfortunately, most of the chemicals in ordinary products that we use or are exposed to every day have not been tested for safety. In the article Making Informed Decisions: Why it is Important to Know What’s in the Products You Use by Andrea DesJardins of Earth Angels Association/Health & Environmental Resource Center, DesJardins points out that the liver (our bodys most important detoxification organ) can lose as much as 70% of normal functioning before symptoms of liver disease surface. This is just one of the reasons we should all be selective in choosing safe products for our families. The United States Environmental Protection Agency has put together a great tool for educating children on the hazards of chemicals in everyday household products. Learn About Chemicals Around Your House is interactive, fun and very informative for adults too! This article is not intended to scare, but to educate you so that you can be selective in choosing products that you bring home. It is YOUR responsibility to replace the products in your home with safer products for the protection of your children. It is OUR responsibility as we become more informed, to tell our friends and neighbors to stop using products that contain dangerous chemicals hazardous to both their health and the environment. The MOM Team educates families on household wellness and shows you how to convert your home to environmentally safe products. We focus on Complete Family Wellness: As you improve your physical wellness, reduce financial pressures and free up your time, you will find yourself in the best position to focus on the needs of your family. By the year 2010, an additional $1 Trillion dollars of the US economy will be devoted to the Wellness Industry. People are becoming concerned with the consequences of not living a healthy lifestyle. ~ Paul Zane Pilzer. Contact information: Theresa AllenDirector I The MOM Team momsonamission@charter.net (734) 878-9081 Article Source: http://EzineArticles.com/?expert=Theresa_Allen http://EzineArticles.com/?The-Frightening-Truth-About-Household-Products&id=468245 small cash loan approvals that are faxless unsecured loan for people with bad credit amount of tax out of paycheck every pay day cash til payday loans

Can Christian Comedy Be A Ministry? Part One

Wednesday, May 14th, 2008

By Fred Passmore The Philosophical Difference Between Christian and Secular Comedy Part One: Why Christian Comedy is viewed with distrust by the World. Christian comedy is not some new invention or derivation of a secular form of entertainment. It is an artistic creation that endeavors to bring out a Gospel truth using the medium of humor the same way that a Christian painter endeavors to depict Christ or His handiwork on his canvas. So in it’s truest form, Christian comedy is an art form. Placed in this perspective, it can be perceived a little more clearly for the sake of this philosophical discussion. This article has been divided into three examinations of the artist: the Secular, the Sacred, and the Profane. The fundamental difference between sacred art and secular art goes much deeper than a simple matter of theme. This is because the difference lies in the core reason for doing it. Secular art is most often “art for art’s sake.” The focus is not the object pictured or theme portrayed but rather the style in which it is depicted or portrayed. However, in sacred art, the focus is Christ, and the style is merely an expression of the individual artist. The success of secular art is measured by the intellectual appreciation of the higher critic and popular acceptance. The success of Christian art is measured by the degree of increased awareness in the viewer of some aspect of God. The secular artist is gratified when their artistic talent is recognised, their artwork purchased and their name glorified: the Christian artist is gratified when, through their talent, God is recognised, His Son accepted, and His name glorified. This is the reason that Christian art, in all its various forms, is subject to immediate suspicion by the secular mind. When viewing art where Christ is the theme, it is recognised immediately that there is an ulterior motive behind it other than the artist’s desire for pure personal expression (which is tantamount, in their thinking, in the creation of pure art). Whether a painting, Christian film, play, piece of music or song, drama or comedy performance, the art critic (professional or self-appointed) must always mentally subtract the message and attempt to judge the art for it’s own sake. However, the art will always be judged as lacking since it’s theme and the artist is insulting to their intelligence and ego. A good current example of this can be seen in the criticism and anger of the secular world directed toward Mel Gibson for his film, “The Passion of the Christ.” One can rest assured that if the film portrayed Jesus as a degenerate or charlatan, it would have been heartily praised as an “artistic triumph” and accepted with open arms by his present critics. This illogical thinking would have been condemned if a recognised art critic had denigrated Andy Warhol’s famous painting of the Campbell’s soup can simply because he hated the soup. But secular criticism of Christian art is shared by most of their peers because they feel that the Christian artist has betrayed the artistic ideal by putting it in submission to or in a secondary position behind the subject. Sadly, too, the secular man’s rejection of Christ causes not only the art but the artist to be illogically hated and berated, whereas if the same artist had performed or created the same artistic piece without the Christian message they and their art would be hailed and praised. At the very least, where the artistic talent is less than fully developed, they would be defended for their expression and interpretation, which is the one sacred thing in the secular mind. Even in the mind of the average man who has given little or no thought as to why the various expressions of Christian art are distasteful to him, is the subconscious awareness that everything done by the Christian artist is suspect because they are “trying to get somebody saved.” This often unconscious distrust is a reaction of his fallen (and spiritually dead) inner man against the gospel message. It all boils down to the statement made by Jesus: “The servant is not greater than his master; if they have hated Me, they will also hate you.” The Christian artist understands that everything he does must reflect the Person that is his master. Art, like work, play, relationships, our lives or anything else that we share in common with all of humanity, must shine forth the message of the Gospel and glorify God. This is the reason that comedy, like any other form of art or communication, may be used of God; it is the saving power of Christ, brought by the Word and the Spirit, within the art that is responsible for the life-changing results. So, to those that the Spirit is calling, your message is powerful and effective. To those rejecting this call, it can be distasteful. Art is a tool, and a talent is a God-given ability to use certain tools, whatever they may be. When a tool is given more emphasis than the job it is created for, the natural order of things has been perverted. Thus, the fundamental philosophical difference between secular and sacred perception of the role of art. Another perception worth mentioning concerning the role of art is the view of art by the profane artist. The secular artist creates to express self. The sacred artist creates to express faith in God. The profane artist creates to denigrate God, mock Christianity, and destroy faith. The profane artist perceives art as a tool as well, to express his own detestation of the belief in the God of the Scriptures, and in some extreme cases, to glorify God’s enemy, Satan. This view mirrors that held by the Christian, except that the message is in stark opposition. Although the message is one of hatred and defilement of the sacred, the view of art is the same as the sacred artist: that art is a powerful tool for expressing the belief one holds. Ironically, although at opposite ends of the pole, both views more accurately grasp the true potential and power of art for affecting the minds and hearts of the viewer than that held by the secular artist. Coming soon, Part Two: Why Christian Comedy is viewed with distrust by the Church. For more articles and free drama scripts, visit Free Christian Skit Scripts Article Source: http://EzineArticles.com/?expert=Fred_Passmore http://EzineArticles.com/?Can-Christian-Comedy-Be-A-Ministry?-Part-One&id=378717 larger pay day loans 1500 bad credit loan servicing mortgage agreement purchase loan agency sale date day file payday loans for bad credit with no checking account

Business and Market Overview on Singapore

Friday, May 9th, 2008

By Khal Mastan ECONOMY. Singapore is the most advanced economy among the Southeast Asian countries with a GDP per capita of US$25,207 in 2004 which is comparable to many advanced economies in the European Union. Singapore lacks natural resources but is a regional hub for international trade, shipping and air transport. Many US, European and Japanese multinational companies have established Singapore as a regional office for their business operations. Singapore’s GDP grew at an average of 2.7% annually from 2000 to 2004 to reach US$106.9 billion by 2004 while inflation remaining below 2.0%. Though Singapore’s economy is the most advanced among the Southeast Asian countries, unemployment increased from 1.8% during the Asian economic crisis of 1997 to 5.3% in 2004. To diversify and expand the country’s economy, the government is developing Singapore into a regional hub for finance and high technology. The service sector accounted for 66.2% of Singapore’s GDP in 2004 while the manufacturing sector accounted for 33.7%. Agriculture plays a minimal role in Singapore’s economy and accounted only 0.1% of the country’s GDP. Major industries in Singapore include electronics, chemicals, financial services, petroleum refining, food processing, ship repair, offshore platform construction, biotechnology and entrepot trade. DEMOGRAPHY. Singapores population of 4.2 million in 2004 is predominantly Chinese accounting for 77% of the population. Other ethnic communities include Malays (14%) and Indians (8%). Major religions practiced include Buddhism, Taoism, Hinduism, Christianity and Islam. The Chinese are generally agnostic, Buddhist, Tao or follow the Christian faith while Malays are mostly Muslims and Indians generally Hindus, Christian or Muslims. Main languages used are English (widely spoken and used in business and by the government), Chinese (mainly Mandarin and Hokkien), Malay and Tamil.Singapore is a city-state and therefore nearly all its population live in an urban community. Most Singaporeans live in high-rise apartments or flats accounting for nearly 90% of the households while the remaining 10% live on landed property. Singaporean consumers have the high level of disposable income compared to consumers in other Southeast Asian countries. High-income households account for nearly 27% of the total households while middle-income households account for 32%. Low-income households i.e. those earning than US$1,900 per month account for 41% of the total households. INFRASTRUCTURE. Domestic and international telecommunication services are excellent and one of the best in the region. Internet broadband services are efficient and widely available. Singapore’s road system is efficiently managed and the city-state is well served by a public transport system. Singapore has efficiently managed seaports and airport which are used as regional hubs by many sea and air carriers. INTERNATIONAL TRADE. Singapore has one of the busiest ports in the world and a regional hub for entrepot trade. Singapore’s major trading partners are Malaysia, US, Hong Kong, China, Japan, Taiwan, Thailand and South Korea. Many of the goods imported from and exported to Malaysia and Indonesia are re-exports from other countries. Major exports from the Singapore include electrical and electronic products, machineries and equipments, processed foods, consumer goods, chemicals and mineral fuels. Major imports include machineries and equipments, mineral fuels, chemicals and foods. CONSUMER USAGE OF TECHNOLOGY. More than 90% of all homes have mobile phones putting the country on par with Sweden, Norway, Austria and Norway. Nearly all homes have at least a fixed-line telephone, television and refrigerator. The penetration of computers is also high with 70% of all homes having a computer and there are nearly 2.5 million internet users for a population of 4.3 million. Furthermore, there are more than 2.5 million credit cards in the county and online payments are well established. However, only 35% of all homes own a car due to the extremely high cost to own a car in Singapore. RETAIL MARKET. Singapore has one of the highest standards of living in Asia after Japan and Singaporeans are keen shoppers. Estimated retail sales in Singapore in 2004 were US$11 billion. Unlike other countries in Southeast Asia, retail chains dominate over the industry by sales value. These include shopping malls, hypermarkets, supermarkets, department stores, convenience stores and speciality stores. Singapore has many established international retailers and brands attracting tourists from Southeast and Northeast Asia. Many shopping malls have also sprouted in the suburban areas existing side-by-side with the “mom and pop” establishments. FOOD CULTURE. Singapore’s multi-ethnic communities has had influenced on Singapores food culture. Furthermore, Singaporeans are accustomed and often frequent various western and Japanese food service establishments including fast food outlets. Eating out is popular among Singaporeans and the current trend is to eat out rather than at home. Thus, Singaporeans spent 9% of their income on foods for cooking at home and 12% for eating out. Khal Mastan is a Senior Consultant with Pegasus Business and Market Advisory (http://bma.pegasus-asia.com) based in Malaysia. He involves himself in business and marketing research and provides consulting services on markets in Southeast Asia namely Malaysia, Thailand, Singapore, Indonesia, Philippines and Brunei. He has more than 20 years experience in the region and work experience in various industries. He holds a bachelors degree in Biochemistry and an MBA. He can be contacted at khalzuri@pegasus-asia.com or +6 (03) 7726 5373 in Malaysia. Article Source: http://EzineArticles.com/?expert=Khal_Mastan http://EzineArticles.com/?Business-and-Market-Overview-on-Singapore&id=234205 pay day cash no credit history car title collateral personal loan gauranteed cash advances payday loans california

Payday Loans Available Even ToThose With Bad Credit

Saturday, May 3rd, 2008

By [http://ezinearticles.com/?expert=Tim_Gorman]Tim Gorman Bad credit payday loans may seem like an oxymoron phrase, but the truth is bad credit payday loans are fairly common. You don’t need to have good credit or even any credit to quality for bad credit payday loans. The companies that offer bad credit payday loans don’t care about your past credit history or background history. Bad credit payday loans exist to get you out of rare, temporary jams and shouldn’t be used too often. If you need bad credit payday loans more than twice a year, that’s a certain indication that you need to re-evaluate your spending habits or perhaps reorganize your budget. One way to avoid needing bad credit payday loans is to save a little bit of your regular paycheck each week. Bad credit payday loans will no longer be necessary if you have a bit of a nest egg to use for rare emergencies. Another option that will help you avoid bad credit payday loans is to ask your employer to put matching funds into a 401(k) plan at your office, or even to extract a certain percentage (besides taxes, of course) from your regular paycheck. Bad credit payday loans will quickly become a thing of the past if you follow this simple advice. On the off chance that you need but cannot get cash quickly, bad credit paydays loans can still help get you off the hook. You can acquire the bad credit payday loans online or at a local payday advance store. Bad credit payday loans usually only ask that you provide a social security number, address, full name and sometimes a personal check. The bad credit payday loans company will then hold your personal check for an agreed amount of time, and immediately send you the required cash, up to three thousand dollars. Once the time period has passed, the bad credit payday loans company will deposit your check. Just remember to only use bad credit payday loans only if you have no alternative options. Tim Gorman is a successful webmaster and publisher of Military-Loans-Online.com an online website that offers money saving rates on auto, home, debt consolidation, [http://www.military-loans-online.com/payday-loans.html]bad credit pay day loans and other free loan information that you can view in the privacy of your own home. Article Source: http://EzineArticles.com/?expert=Tim_Gorman http://EzineArticles.com/?Payday-Loans-Available-Even-ToThose-With-Bad-Credit&id=27449 guaranteed personal loans florida bad credit bankruptcy car loan low payment cash loans with no fax or credit check pay day default check fraud ohio