Policy, Strategy & Communications

Chief Executive's Office

Room 245, Civic Centre, Newcastle upon Tyne, NE99 2BN

Tel: 0191 232 8520 ext. 27669 Fax: 211 4941

Direct Line: 0191 277 7666

E-Mail: [Newcastle upon Tyne City Council request email]

Web Site: www.newcastle.gov.uk

A. Cooper Our Ref: RFI.10.2290

[FOI #31139 email]

11 August 2010

Dear A. Cooper

Your request for information

I refer to your email request for information of 19 March 2010 and your subsequent emails of 15 and 18 June 2010, which we have treated as a request for an internal review of how your request was dealt with.

I can confirm that the FOI Review Panel met on 22 July 2010. The members of the Panel, none of whom was involved in dealing with your original request, were Steve Park (Head of Communications and Marketing), Sharon Turnbull (Solicitor, FOI and Data Protection) and Gareth Rodgers (Information Governance Coordinator).

Also in attendance to assist the Panel were Terence Harnan (Waste Policy and Contracts Manager) and Peter Dinsdale (Information Governance Officer).

The Panel initially determined that your request should, in fact, have been handled under the Environmental Information Regulations 2004 (“EIR”), not the Freedom of Information Act 2000 (“FOIA”).

We note that you initially requested a review of the handling of your request on 23 April 2010 as you had not received a response to your request. A review panel was not set up at this time as it was hoped that a response could be pulled together and sent out. The Panel recognises that this is a breach of regulation 11 of EIR, but that a response to your request for information was sent to you on 3 June 2010.

The Panel found that this initial response to your request was sent later than 20 working days following receipt of your request, in breach of regulation 5(2). We apologise for this delay, which was due to a combination of having to consult with third parties and pressures of work.

In considering your request, the Panel recognised that there were three distinct parts to it, and we will take each in turn.

(i) Please can you supply the inputs and outputs (Tonnage, description and where they come from /where they go to) for this facility over the period 2007 until now.

You were supplied with the statutory returns to the Environment Agency, which is the format in which this information is held. The Panel felt that the information supplied satisfies this request, but acknowledged your comments about the use of EWC Waste Codes. A list of these codes and their meanings are readily available on the internet, for example in the List of Wastes (England) Regulations 2005 (http://www.opsi.gov.uk/si/si2005/20050895.htm).

(ii) Please can you also supply the documentation regarding the proposals to upgrade this facility and when this is due to be or has been carried out. Please can you also give details of the expected, or if already achieved actual, impact of the modifications.

This information was originally refused, in reliance on the exemptions in sections 41 and 43 of FOIA. The Panel found that the original decision notice was defective, as we do not actually hold any information on the tender or contract award for the redevelopment works. The only information that is held is contained within two briefing notes on the proposed redevelopment works that were provided to the council by SITA in August and October 2009.

As previously stated, the Panel found that your request should have been considered under EIR rather than FOIA. The Panel, therefore, found that these exemptions had been incorrectly applied. The Panel also found that the corresponding exceptions within EIR do not apply to the bulk of the information within these briefing notes, and that they should be supplied to you, aside from two paragraphs on the final page of the October document.

These paragraphs contain information on the prices received through the tender process for the redevelopment project. This project was commissioned and paid for by SITA, and was not connected to the council whatsoever. The briefing notes were provided to us for information only.

We consider that the financial details contained within these paragraphs are exempt from disclosure in reliance on the exception at regulation 12(5)(e). This regulation exempts information where disclosure would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest. Disclosing financial details relating to the redevelopment project could adversely affect SITA's commercial interests.

As no public money is involved in the redevelopment work, we believe that the public interest in maintaining the exception is greater than the public interest in disclosure of this information.

Please find attached with this letter the two briefing notes, with the final two paragraphs redacted from the October document.

(iii) Please also provide any projections you have for any increases/decreases in the stated capacity as defined in the operating license and the contract between the council and SITA and explain any changes that may have arisen since 2007.

In the original response you were advised that there was no intention to increase or decrease the stated capacity of the facility. The Panel found that this statement was correct and that the stated capacity of the facility has not changed and that there are no plans to change it. This is confirmed in the attached documents.

If you are still unhappy with how we have handled your request following this internal review you can complain to the Information Commissioner. Contact details are as follows:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

E-mail: [email address]

Please note that complaints made to the Information Commissioner's Office under EIR should be submitted within two months of the outcome of this internal review being issued.

Yours sincerely

Gareth Rodgers

Information Governance Coordinator

Policy, Strategy & Communications Website address www.newcastle.gov.uk

Chief Executive's Directorate Tel +44 0191 277 7666

Room 245, Civic Centre Mobile

Newcastle upon Tyne Fax +44 0191 211 4941

NE99 2BN e-mail gareth.rodgers@newcastle.gov.uk

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