L. Lluva
London Development Agency
Palestra
197 Blackfriars Road
London SE1 8AA
[FOI #23184 email]
T 020 7593 8000
F 0207593 8002
www.lda.gov.uk
[London Development Agency request email]
Textphone 020 7593 8001
12 April 2010
FOI 440 Internal Review
Dear L. Lluva,
I am writing further to our letter of 11 March 2010 regarding your request for an Internal
Review of our response to FOI 440 and to update you on what progress has been achieved to
date.
Please note that in addition to having located, printed, indexed and collated the information
we hold relevant to your request we have now reviewed the information held, that is, minutes,
papers and summary reports relating to the Olympic Delivery Committee (ODC) meetings
which were produced in 2005. In reviewing this information we have considered whether any
of the information is exempt from disclosure, including applying the public interest test and
consulting third parties in instances where commercially sensitive information is included in
the material, often provided under confidentiality clauses.
Due to the volume of information held, to date we have been able to complete this exercise
for the documents relating to 2005 only. We will continue to review and consider the
information held pertaining to other years, which we envisage will be provided within 3 weeks.
We have provided below 3 tables listing the following information:
1. Information held and provided:
A list of documents provided, including date of meeting, document reference number and
description, the nature of any information that has been redacted from each document
and the exemption which applies to these redactions. Further information regarding the
application of exemptions is provided subsequent to the tables.
2. Information withheld
A list of documents that are being withheld in full and the exemption which has been
applied.
3. Information not held
A list of documents that cannot be located in our document management system.
1. Information Held and Provided:
Meeting
Doc
Document Description
Redactions
Section
Date
Reference
(N/A = no
redactions)
2005
22/12/05
3591734
Item 4 Update on Powerlines
Legal advice
S42
Funding
3622832
Item 4 Appendix 1
Names
S40
3590478
Item 4 Appendix 4
N/A
3628475
Item 4 Appendix 3 (Labelled
Names S40
incorrectly, is actually Appendix 2)
09/12/05
3618367 Agenda
Names
S40
3591816
Minutes of meeting 09/11/05
Names
S40
3591845
Action Sheet of meeting 09/09/05
Names
S40
3631432
Item 6 Approval of contracts for the
Names,
S40
under grounding of power lines
commercially
S43
sensitive
S42
content and
legal advice
3595978
Item 6 Appendix 1
N/A
3596188
Item 6 Appendix 2
N/A
3596258
Item 6 Appendix 5
N/A
3596275
Item 6 Appendix 6
N/A
3596303
Item 6 Appendix 8
N/A
3596328
Item 6 Appendix 9
N/A
3596336
Item 6 Appendix 10
N/A
3596339
Item 6 Appendix 11
N/A
3592289
Item 7 Olympic Park Wide
Names and
S40
Designers plus Appendix/Annex 1
commercially
S43
sensitive
content
3592353
Item 8 Olympic and Legacy
Names, legal
S40
Planning
advice
S42
3592456
Item 8 Appendix 1
N/A
3596385
Item 8 Appendix 2
N/A
3596349
Item 8 Appendix 3
N/A
3596375
Item 8 Appendix 4
N/A
3592516
Item 8 Appendix 5
N/A
3592521
Item 8 Appendix 6
N/A
3629593
Item 9 Lower Lea Valley, Olympic
Names and
S40
Site Conditional Acquisition –
Legal advice
S42
Sortex Ltd Pudiding Mill Lane, E15
3629605
Item 9 Appendix 1
Names and
S40
Legal advice
S42
3596424
Item 9 Appendix 2
N/A
3596450
Item 9 Appendix 3
N/A
09/11/05
3592859
Agenda
Names
S40
3592617
Action Sheet of meeting 06/09/05
Names
S40
3631352
Minutes of meeting 06/09/05
Names and
S40
legal advice
S42
3592972
Item 6 Olympic Opportunity and
N/A
International Promotion
3596555
Item 6 Appendix 1
N/A
3596606
Item 6 Appendix 1
N/A
3596652
Item 8 Selection of Development
Names and
S40
Partner at Beckton Gas works and
Legal advice
S42
Orient Way Leyton for Olympic
Business relocations
3596666
Item 8 Appendix 1
N/A
3596676
Item 8 Appendix 1
N/A
3596682
Item 8 appendix 2
N/A
3596767
Item 9 Procurement Update
N/A
3596770
Item 9 Appendix 1
N/A
3601893
Item 10 Olympics Risk Assessment
Names
S40
3601968
Item 10 Appendix 1
N/A
3601933
Item 10 Appendix 2
N/A
3596943
Item 11 Local Employment and
Names and
S40
Training Framework
Legal advice
S42
3601737
Item 11 Appendix 1
N/A
3601788
Item 11 Appendix 2
N/A
06/09/05
3602052
Agenda
Names
S40
3602223
Minutes of meeting 08/08/05
Names
S40
3602248
Action Sheet of meeting 08/08/05
Names
S40
3602256
Item 6 Interim ODA 90 Day
Names
Programme
3602261
Item 7 Olympic Structures and
Names S40
responsibilities
3602295
Item 8 Procurement Update
N/A
3602436
Item 8 Appendix 1
N/A
3603573
Item 9 Recruitment Update
Names
S40
3603616
Item 10 Local Procurement
Names
S40
3603678
Item 10 Appendix 1
N/A
3603745
Item 11 Powerlines Update
Names
S40
3603819
Item 12 The London Development
Names and
S40
Agency (Lower Lea Valley
Legal advice
S42
Undergrounding of powerlines)
Compulsory Purchase Order 2005
3603824
Item 12 Appendix 1
N/A
3603842
Item 12 Appendix 2
N/A
3603906
Item 13 the London Development
Names and
S40
Agency (Lower Lea Valley, Olympic
Legal Advice
S42
and Legacy) Compulsory Purchase
Order 2005
3603910
Item 13 Appendix 1
N/A
3604014
Item 13 Appendix 2
N/A
3629529
Item 14 Lower Lea Valley, Olympics Names and
S40
Acquisition Bywaters three sites at
legal advice
S42
Lea interchange, Marshgate1 and
Marshgate 2
08/08/05
3618535 Agenda
Names
S40
3618555
Item 6 Progress update on
Names and
S40
structural changes in the LDA
Legal advice
S42
3618597
Item 6 Appendix 1
N/A
3618830
Item 7 Undergrounding power lines
Names and
S40
for the London 2012 Olympic and
Legal advice
S42
Paralympic Games
3629515
Item 7 Appendix 1
N/A
1368841
Item 7 Appendix 2
N/A
Reports
to Board
10/10/05
3604084
Item 2.1 LDA Olympic Programme
Legal advice
S42
Financial Implications
3604117
Item 2.1 Appendix 1
N/A
3604123
Item 2.1 Appendix 2
N/A
3604126
Item 2.1 Appendix 3
Names
S40
3604127
Item 2.1 Appendix 4
Figures
S43
3609122
Item 2.1 Appendix 5
N/A
3609164
Item 2.1 Appendix 6
N/A
3609260
Item 2.1 Appendix 7
N/A
3609296
Item 2.1 Appendix 8
N/A
3609364
Item 2.1 Appendix 9
N/A
3609660
Item 2.2 the London Development
Names and
S40
Agency (Lower Lea Valley
legal advice
S42
Undergrounding of Powerlines)
Compulsory Purchase Order 2005
3614568
Item 2.2 Appendix 1
Names and
S40
legal advice
S42
3614583
Item 2.2 Appendix 1
N/A
3576288
Item 2.2 Appendix 2
N/A
13/12/05
3629510
Item 2.1 summary Report of the
Names
Olympic Delivery Committee
S40
meeting of 09 December 2005.
3618368
Agenda of ODC meeting 09/12/05
Names
S40
13/09/05
3629491
Item 2.1 Summary Report of the
Names
Olympic Delivery Committee
S40
meeting of 08 August and 06
September 2005
3622128
Agenda of ODC meeting 08/08/05
Names
S40
3618245
Agenda of ODC meeting 09/06/05
Names
S40
3618207
Item 2.2 The London Development
Names and
S40
Agency (Lower Lea Valley
Legal advice
S42
Undergrounding of Powerlines)
Compulsory Purchase Order 2005
3618224
Item 2.2 Appendix 2
N/A
17/11/05
3618467
Item 2.1 Summary Report of
Names S40
Olympic Delivery Committee
meeting of 09 November 2005
3618475
Agenda of ODC meeting 09/11/05
Names
S40
3618517
Item 2.2
N/A
20/10/05
3619070
Item 3.1 Summary of Olympic
N/A
Activity
3629476
Item 3.2 Establishment of an Interim Names
S40
ODA Bank Account plus Appendix 1
3619366
Item 3.4 Finalisation of Olympics
Names and
S40
Delivery Committee’s terms of
legal advice
S42
reference and powers etc
3619670
Item 3.4 Appendix 2
Names
S40
03/11/05
3621348
Item 2.3 the London Development
Names and
S40
Agency (Lower Lea Valley, Olympic
legal advice
S42
and Legacy) Compulsory Purchase
Order 2005
3576283
Item 2.3 Appendix 1
N/A
3621501
Item 2.3 Appendix 2
N/A
3621857
Item 2.5 LDA Communications and
Names S40
the Olympics
2. Information Withheld
Meeting
Document Description
Section
Date
09/12/05
Item 6 Appendix 3: Draft Summary of IDAs
S42
Item 6 Appendix 4: Draft Summary of tunnel contract
S42
Item 6 Appendix 7: Draft cost report
S43
Item 7 Appendix 2: Consultancy Services for the Design of the
S43
Olympic Park and Site Wide Infrastructure - Tender Evaluation
Report
06/09/05
Item 13 Appendix 3:
S42
Legal Opinion
03/11/05
Item 2.3 Appendix 3: Legal Opinions
S42
Item 2.3 Appendix 4: Crown Land Legal Advice Note
S42
Item 2.3 Appendix 5: Miscellaneous Legal Issues Report
S42
3. Information Not Held
Meeting
Document Description
Date
06/09/05
Item 6 a) Presentation on Total Olympic programme
Item 14 Appendices 1-3
13/09/05
Item 2.2 Appendix 1
20/10/05
Item 3.3 Update on Olympic Masterplanning (presentation)
Item 3.4 Appendix 1
22/12/05
Item 4 Appendix 2/3
03/11/05
Item 2.4 Selection of Development Partner at Beckton Gas Works and Orient
Way Leyton for Olympic Business Relocations
Application of Exemptions
Under Section 2 of the Freedom of Information Act, the duty of a public authority to give
access to information does not apply in respect of information which is exempt under the Act,
applying the public interest balance, where necessary, to the application of the exemption.
You will note that we have applied the following exemptions to the information requested:
Section 40
Section 40 of the Act exempts personal data about a third party from disclosure if the
disclosure would:
• breach any of the Data Protection Principles under the Data Protection Act; or
• cause (or would be likely to cause) substantial distress to the individual concerned.
The First Data Principle requires that disclosure of personal data under the Freedom of
Information Act must be fair. We consider the names of staff below the level of Director and
those of third parties to be exempt from disclosure on the basis that:
• the information is personal data;
• disclosure of the information would be unfair to the person concerned and therefore in
breach of the Data Protection Principles.
We therefore consider that this constitutes personal data exempt from disclosure under the
Freedom of Information Act. We have therefore redacted from the documents the names of
staff below the level of Director or equivalent and those of any third parties.
Section 42
Section 42 of the Act exempts information that is protected by legal professional privilege, that
is, information in respect of which a claim to legal professional privilege could be maintained
in legal proceedings.
Legal professional privilege covers communications between lawyers and their clients (in this
case the London Development Agency) for the dominant purposes of seeking or gaining legal
advice and of obtaining legal advice on litigation or for lawyers to use in preparing a case. We
have identified information which falls within this exemption, but Section 42 is a qualified
exemption and as such is subject to the public interest test. We believe that the public interest
in withholding this information outweighs the public interest in disclosing this information as
the LDA commonly encounters complex issues upon which it may need to seek specialist
legal advice. It is important that the LDA has access to full and frank legal advice and that any
such advice obtained will be protected by legal privilege. The LDA must have the freedom to
ask for advice in this manner and lawyers must be able to openly provide such advice with the
knowledge that it is safeguarded. This right to take and consider legal advice is important to
ensure the LDA can meet its legal obligations and duties and balance their complex
demands, which must be in the greater public interest.
We have therefore redacted information and in some cases withheld documents in their
entirety which are protected by legal professional privilege and are therefore exempt under
S42 of the Act.
Section 43(2)
Section 43(2) of the Act exempts information from disclosure if disclosure under the Act
would, or would be likely to, prejudice the commercial interests of any person (including the
public authority holding it).
We consider that this exemption is relevant to some information incorporated within the
documents requested, as shown above. This information relates to:
• contracts extant and still subject to negotiation;
• financial
accounts;
• details of estimated figures relating to the disposal of property.
• tender evaluation documents which contain information about confidential matters
such as methodologies, staff expertise and costings.
In general terms, if the redacted information were released to the public it would in our view
be likely to either:
• Weaken the commercial position of the LDA in situations involving negotiation of
contracts and the sale of property in a competitive market, by revealing details of the
negotiating and financial positions of the LDA, which could be of advantage to a third
party when negotiating both ongoing and future contracts or sales.
• Detrimentally impact on the commercial position of businesses covered by the
information because competitors would become privy to information, such as the
finances and working practices of the businesses, to which they otherwise would not
have access.
• Damage the Agency’s business reputation and the confidence that customers,
suppliers and contracting parties may have in submitting tender proposals to the
Agency.
The exemption of prejudice to commercial interest is a qualified exemption. This means that
we are required to consider whether, in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the information. We
consider that the public interest in maintaining the exemption in respect of each piece of
redacted information outweighs the public interest in disclosing the information because:
• there is a strong likelihood that commercial prejudice will be suffered by the LDA or
third parties, as summarised above.
• disclosure of the information may prevent third parties from providing the LDA with
information relating to procurement opportunities in the future, thus undermining the
ability of the LDA to perform its functions
We are therefore unable to communicate the exempt information to you and as such it has
been redacted from the attached documents.
Please accept our apologies that we have been unable to provide the information in full to
date, but please be assured that we are doing everything possible to provide the requested
information as soon as is reasonably possible.
If you have any queries in the meantime please do not hesitate to contact us.
Yours sincerely,
Public Liaison Unit
London Development Agency
Document Outline
