Dear MR TODD

FREEDOM OF INFORMATION REQUEST - REFERENCE NO: 002390/09

I write in connection with your request for information which was received by Derbyshire Constabulary on 23/11/2009. I note you seek access to the following information:

According to a press release from earlier in the year:

http://www.derbyshire.police.uk/news/1362.html

"Derbyshire Constabulary has launched its interactive crime mapping

website [u]sing a simple, user-friendly interface and

highly-detailed Ordnance Survey maps..."

Although this system appears to have been shut down in favour of a

national system launched last month:

http://www.derbyshire.police.uk/local/203.html

I have reason to believe that a contract was signed and delivered

for the Derbyshire Constabulary's version.

Please may I be sent

Following receipt of your request searches were conducted within Derbyshire Constabulary to locate information relevant to your request. I can confirm that Derbyshire Constabulary holds the information you have requested.

Extent of Searches to Locate Information

To locate the information relevant to your request searches were conducted at Contracts and Corporate Services

Result of Searches

The searches located records relevant to your request.

Question 1 - Rock Kitchen Harris of Lower Brown Street, Leicester - engaged September 2008 and contract signed in November 2008.

Question 2 - We do not hold this information - it would be held by the contractor not the Force.

Question 3 - Your request asks for copies of contract and agreement documents.

In relation to your request to provide copies of documents, you should be aware that the Freedom of Information Act 2000 provides a right of access to information it does not provide a right of access to documents. The consideration by the public service is whether the provision of copies of documents, is in their view, the most effective and expedient manner of dealing with the issue of disclosure. The public service, in this instance, the Derbyshire Constabulary therefore has a choice to provide either

The legislation relating to this part of the request is Sections 1 and 84 of the Freedom of Information Act 2000. The legislation has been clarified by virtue of an Information Tribunal Decision. The current legal standing for this is Information Tribunal Decision - N. Ingle v Information Commissioner 29 June 2007 (EA/2007/0023) paragraph 7 which is reproduced below for your convenience

“The right to information conferred by section 1 of the Freedom of Information Act is just that, a right to information; it is not a right to see particular documents, but to the information contained within them. Moreover, information is defined in section 84 of the act as “information recorded in any form”. The Act only gives a right to recorded information”.

This by extension to Section 1 (1) (a) only relates to information which is recorded and held “at the time of receiving the request”.

We do not believe that it is appropriate to provide copies of these documents as they contain specific matters which were negotiated in terms of the contract and the individual items form an integral breakdown of issues upon which the contract was negotiated.

Your request for copies of contract and agreement has now been considered and I am not obliged to supply the information you have requested.

Section 17 of the Freedom of Information Act 2000 requires Derbyshire Constabulary, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which:

(a) States that fact,

(b) Specifies the exemption in question and

(c) States (if that would not otherwise be apparent) why the exemption applies.

Section 43 - Prejudicial to Commercial Interests

Section 43 (1) and (2) applies where the disclosure relates to information which “constitutes a trade secret” (43(1)) or where disclosure of the requested information would be likely to be prejudicial to the commercial interests of any person, including the public authority.

This is a qualified and class based exemption and as such I am not required to show the harm in disclosure.

Reasons for Decision

The exemption under Section 43 of the Freedom of Information Act 2000 is a qualified exemption where disclosure of specific information would, or would likely to, prejudice commercial interests of any person, including the public authority holding it.

The information held can be viewed in both a macro and micro manner. The high level information regarding major contracts with the Force are provided as a part of the Freedom of Information Publication Scheme. However the contractual agreement in terms of hourly payments, minimum payments, and specific areas of contractual negotiation are not disclosed. These specifics are “the competitive edge” of the company providing the service and the negotiated agreement of what the Derbyshire Constabulary would accept in the contract.

There is a competitive environment for such services and release of the detail above would be adversely affect the future negotiating position of both RKH and the Derbyshire Constabulary.

Harm would be caused to the commercial interests of RKH in their ability to compete competitively with other similar service providers.

Harm would also be caused to the negotiating position of the public service i.e. Derbyshire Constabulary in their future attempts to achieve best value for the spending of public funding.

Public Interest Test

Public interest considerations favouring disclosure

Information relating to the use of public funds for these purposes will always be relevant to the public.

Public interest considerations favouring non-disclosure

The release of this information could assist individuals / companies in being aware of the relevant areas of negotiation to pinpoint in obtaining future contracts. Where this negotiation is with the public service (Derbyshire Constabulary) there would be an adverse prejudicial effect on the ability of the public service to negotiate a best value option.

It is in the public interest to ensure that companies are able to compete fairly for public sector contracts. Therefore the erosion that would occur to the competitive edge of RKH needs to be considered.

It would not be appropriate to release this information in relation to contract or agreement negotiation as this may put at risk the Derbyshire Constabulary's ability to secure future value for money. This would therefore also be an adverse prejudicial effect on the effective and best value option in the spending of public funds.

Balancing Test

On balance it is not in the public interest to release information which discloses the specific cost and integral parts details of the negotiated contract.

After weighing up the competing interests I have determined that the disclosure of the above information would not be in the public interest. I consider that the benefit that would result from the information being disclosed does not outweigh disclosing information relating to the adverse prejudice to both the Derbyshire Constabulary and RKH in their possible future negotiations of similar contractual matters.

In accordance with the Act, this letter represents a Refusal Notice for this particular information i.e. copies of contract and agreement within your request.

In order to assist you as best we are able however I am able to provide you with the following summary of information relating to the contract / agreement.

The contract / agreement outlines numerous issues which were negotiated by both parties as being relevant to the development and maintenance of a crime mapping web site.

The contractual agreement contained a termination clause which could be invoked by either party. This termination clause was invoked by RKH in August 2009. The contract also included financial information in relation to the cost of licensing and training if any was required.

Complaint Rights

Your attention is drawn to the attached sheet, which details your right of complaint.

I would like to take this opportunity to thank you for your interest in Derbyshire Constabulary.

Should you have any further enquiries concerning this matter, please write or contact Stuart Barlow, Freedom of Information Manager, on telephone number 0345 123 3333 quoting the reference number.

Yours sincerely

Stuart Barlow

Freedom of Information Manager

Enc

Constabulary Headquarters Butterley Hall Ripley Derbyshire DE5 3RS
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