Dear Bus Users Group for Stevenage,

Reference Number: EIR/ENV/05/10/2103

I have been informed that you have requested a review of the above Environmental Information Regulations 2004 (EIR) request made by you on 8^th May 2010. Hertfordshire County Council's response to this request was sent to you by way of email on 7^th June 2010.

I am a solicitor employed by Hertfordshire County Council and I have reviewed your request under our internal review procedures. In carrying out such a review I have had sight of your original request and our response.

I understand your original request was as follows:

"Could you please supply me with the data you have on all the Hertfordshire railway stations included in PlusBus scheme split into day and season ticket sales. Could you also let me know what other data you keep or record on bus and rail usage and journeys for the last five years and if any of this data is displayed on your website.

Could you also tell me what progress is being made on the county council's 10:10 carbon reduction campaign, send me any progress reports that have been published, how far towards the target the council has reached, and if the council is likely to reach the final target. Also, how the 10:10 campaign has been incorporated into the council's transport policies and how the message of carbon reduction is being conveyed to the general public."

Regulation 5(1) of the EIR provides that “a public authority that holds environmental information shall make it available on request”.

Regulation 12(2) states that “a public authority shall apply a presumption in favour of disclosure.

However a public authority may refuse to disclose information where an exception applies.

All the exceptions are subject to the public interest test.

Your request was considered and some information was supplied to you.

However with regard to "data you have on all the Hertfordshire railway stations included in PlusBus scheme split into day and season ticket sales" this was considered to be exempt from disclosure under regulation 12(5)(e).

Regulation 12(5)(e) provides for the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest.

Having looked at the information I agree that the exemption was correctly applied. As stated, “although the County Council holds the information in its capacity as `Local Scheme Coordinator' for the PlusBus scheme in Hertfordshire, the data originates from the Journey Solutions Partnership, which is the group of bus and rail operators and trade associations that own and manage the PlusBus scheme. PlusBus is a commercial ticketing scheme of PLC listed rail and bus companies. Data relating to the volume of tickets issued and the total price of tickets issued is considered commercially sensitive as putting such information into the public domain could affect the competitive nature of these commercial businesses and, where listed, also have an effect on their stock market listing.”

Having read the factors in favour of disclosure and against disclosure, namely:

In favour:

Against disclosure:

I would agree that it is not in the public interest to disclose the requested information, as its disclosure would or would be likely to prejudice the commercial interests of third parties and the County Council. Disclosure could also inhibit the future working relationship between the County Council and Journey Solutions Partnership and PlusBus. These factors are not countered by equally strong arguments in favour of disclosure.

I note that you were supplied with the email address for Jonathan Radley (Commercial Director of the Journey Solutions Partnership and PLUSBUS) to enable you to discuss the matter further with him.

With regard to the second part of your query I do not consider that it was fully answered and have requested that a full reply is sent to you. I understand that this was sent on 29^th June 2010.

Conclusion

On reviewing the first part of your original request of 8^th May 2010 and the Council's response on 7^th June 2010 fully I am satisfied that Hertfordshire County Council has appropriately applied the Environmental Information Regulations 2004

This now brings the County Council's internal review into the handling of your request for information to an end. However, if you remain dissatisfied you are entitled to ask the Information Commissioner to investigate your complaint. You can write to him at FOI/EIR Complaints Resolution, Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours faithfully

Judith Gower

Solicitor