26 January 2010
Mr Julian Todd
Our Ref:
F0003489
Dear Mr Todd,
Freedom of Information Act 2000 I refer to my letter of 31 December 2009, in which I indicated that the Department
was considering a qualified exemption under the FOI Act 2000, Section 43 –
Commercial Interests.
The information you requested below at b. c. and d. was provided in my previous
response of 31 December 2010.
b. detailed costs to the government for these contracts.
c. the revenue raised by the Landmark from fees made possible by this
government concession.
d. details of any added costs for serving this contract caused by changes due to
SI1900(2009).
I am writing to advise you that the Department has decided not to disclose the
information you have requested asking for “copies of all contracts and service
agreements between the DCLG and Landmark Information Group relating to these
databases”. We have interpreted this request as being the service contracts which
are in place between the keeper of the register (the Secretary of State for the
Department of Communities & Local Government) and the Register Operator
(Landmark Information Group).
The information you requested is being withheld as it falls under the exemption in
Section 43 (2) of the Freedom of Information Act 2000 Regulations. In applying this
exemption we have had to balance the public interest in withholding the information
against the public interest in disclosing the information. The attached annex to this
letter sets out the exemption, as well as the factors the Department of Communities
& Local Government (CLG) considered when deciding where the public interest lay. It
also includes a schedule of the types of documents analysed by CLG when
considering your request.
Department for Communities and Local Government
Tel: 0303 444 1836
Zone 5/H9, Eland House
Email: [email address]
Bressenden Place
Victoria
London
SW1E 5DU
Communities and Local Government as an organisation aims to be as helpful as
possible in the way it deals with requests for information under the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004. If,
however, you are not satisfied with the way in which your request has been handled
or the outcome, you may request an internal review within two calendar months of
the date of this letter. Information about the Department's review procedures and how
to apply for an internal review of your case is contained in the enclosed leaflet. This
also explains your right to apply directly to the Information Commissioner for a
decision in the event that you remain dissatisfied following the authority's review
If you have any queries about this letter, please contact me. Please remember to
quote the reference number above in any future communications.
Yours sincerely,
Phil Beschizza
Annex A
Exemption in full
43(2) Information is exempt information as disclosure under this Act would, or would be
likely to, prejudice the commercial interests of any person.
Factors for disclosure
Factors for withholding
• Promoting accountability and transparency • The need to protect commercially sensitive
by public authorities and decisions taken by
information of third parties.
them.
• The ability of the Department to let contracts
• Allowing individuals and companies to
in future, if prospective contractors believe
understand decisions made by the
such information will be routinely released,
Department.
would be affected.
• If the public have information on
environmental information that can influence
decisions from a position of knowledge
rather than mere speculation.
Reasons why public interest favours withholding information
The contracts, and service agreements, between the DCLG and Landmark Information
Group relating to the Domestic and Non-Domestic EPC databases are extensive and do
contain commercially sensitive information. For example, the contractual obligations include
reference information from the Landmark Invitation To Tender (ITT) response. The final contract
and service agreements were the result of an ITT, Best and Final Offer and negotiations between
DCLG and Landmark. Therefore, the release would prejudice the commercial interests of
Landmark. The contract, and service agreements, to operate the EPC databases was subject to
an “open” competition, for which several IT companies submitted bids, to disclose details of
Landmark’s contracts and service agreements would place them at a disadvantage in any
subsequent bidding process when the EPC database operating contract came up for renewal.
Potentially, there are also some details which need to be excluded because of system security
issues.
Type of Document
Applicable Exemption
Freedom of Information Act 2000, Part II – Section 43 – commercial interests
Exemption Information
DCLG and Landmark Service Level
Section 43 – commercial interests
Agreement.
