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Nicholas Taylor made this Freedom of Information request to Birmingham City Council
Response to this request is long overdue. By law, under all circumstances, Birmingham City Council should have responded by now (details). You can complain by requesting an internal review.
From: Nicholas Taylor
10 May 2010
Dear Birmingham City Council,
I am lead to believe by recent press coverage that Amey has reached
financial close with Birmingham City Council for the second city's
£2.7bn highways maintenance private finance initiative.
Can you please make available all Council Minutes, Reports,
Business/Case Studies and any other correspondence relating to this
specific PFI contract.
Yours faithfully,
Nicholas Taylor
Birmingham City Council
10 May 2010
Dear Mr Taylor
Freedom of Information Act 2000 – Request for Information
Thank you for your request which was received on 10 May 2010 for
information held by the Council under the provisions of the Freedom of
Information Act 2000.
In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.
If you require any further information or are not happy with our response
please do not hesitate to contact a member of our team on 0121 303 6676 or
0121 303 1294.
Yours sincerely
Rosa Hunter
Information Governance Officer
Data Protection / Freedom of Information
Performance & Support Services
Tel: 0121 303 6676
Fax: 0121 303 4943
Data Protection Act 1998
The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use.
show quoted sections
Birmingham City Council
14 June 2010
Dear Mr Taylor
Please find attached Birmingham City Council's response to your Freedom of
Information Request.
Regards
Rosa Hunter
Information Governance Officer
Business Support - Data Protection/Freedom of Information
Environment & Culture
Birmingham City Council
Tel: 0121 303 6676
Fax: 0121 303 4943
show quoted sections
From: Nicholas Taylor
14 June 2010
Dear Birmingham City Council,
Thank you for your detailed response.
As requested I will scale down the request.
Also I will search Birmingham Councils website for relevant
information and reserve the right to amend/add to this request as
my research continues.
My revised request.
Please can supply an electronic copy of the contract signed between
Birmingham Council and the Special Purpose Vehicle for this
project.
I apologise now for assumptions I am about to make.
I assume that Birmingham Council has signed a contract that
contains a general commercial confidentiality provision in one of
the clauses, which is contradictory to Section 15 of the Audit
Commission Act.
Due to this I again will assume you will feel that releasing the
contract in its entirety "would, or would be likely to, prejudice
the commercial interests of any person (including the public
authority holding it)" as pursuant to the exemption contained in
Section 43 of the Freedom of Information Act 2000.
At this point I would like to highlight the guidance provided by
the Information Commissioner's Office on this particular exemption:
"What does section 43 say?
Section 43(2) explains that information will be exempt if its
disclosure would, or would be likely to, prejudice the commercial
interest of any person. This exemption is qualified. Even if
information falls within section 43, public authorities must then
apply the public interest test set out in section 2(2)(b). The
information can only be withheld if the public interest in
maintaining the exemption outweighs the public interest in
disclosure."
Source: Freedom of Information Act
Environmental Information Regulations
Commercial detriment of third parties
http://www.ico.gov.uk/upload/documents/l...
Quoting from your initial response:
"Whilst we accept that there is a high degree of public interest in
relation to the expenditure of public funds"
As you can see you have already set on record there is a "high
degree of public interest in relation to the expenditure of public
funds".
However if you feel the contract or any part thereof is exempt
under Section 43 or any other exemption, please can you provide a
full electronic copy of the Public Interest Test and any relevant
documentation and/or correspondence that helped the council arrive
at the decision of exempting any information of my revised request.
Also can you please provide any correspondence between yourselves
and the Special Purpose Vehicle that occurs during and relating to,
dealing with this request.
Yours faithfully,
Nicholas Taylor
Birmingham City Council
22 June 2010
Dear Mr Taylor
Freedom of Information Act 2000 – Request for Information
Thank you for your request which was received on 15 June 2010 for
information held by the Council under the provisions of the Freedom of
Information Act 2000.
In some circumstances a fee may be payable and if that is the case, we
will let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.
If you require any further information or are not happy with our response
please do not hesitate to contact a member of our team on 0121 303 6676 or
0121 303 1294.
Yours sincerely
Rosa Hunter
Information Governance Officer
Data Protection / Freedom of Information
Performance & Support Services
Tel: 0121 303 6676
Fax: 0121 303 4943
Data Protection Act 1998
The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use.
show quoted sections
From: Nicholas Taylor
12 July 2010
Dear Birmingham City Council,
Can I please have an update regarding this request please? It has
now been over 20 days since my clarification to which has had no
reply apart from a general acknowledgement.
Yours faithfully,
Nicholas Taylor
Birmingham City Council
12 July 2010
I will be out of the office starting 09/07/2010 and will not return until
13/07/2010.
I will respond to your message when I return.
If your query relates to Committee Services please speak to Val Llewellyn o
303 4404.
If your query relates to Data Protection Training please speak to Rosa
Hunter on 303 6676.
show quoted sections
Birmingham City Council
13 July 2010
Dear Mr Taylor
Please find attached Birmingham City Council's response to your Freedom of
Information Request
Regards
Rosa Hunter
Information Governance Officer
Business Support - Data Protection/Freedom of Information
Environment & Culture
Birmingham City Council
Tel: 0121 303 6676
Fax: 0121 303 4943
show quoted sections
Birmingham City Council
4 August 2010
Dear Mr Taylor
Further to my letter to you dated 13 July 2010, please find Birmingham
City Council's response attached.
Regards
Rosa Hunter
Information Governance Officer
Business Support - Data Protection/Freedom of Information
Environment & Culture
Birmingham City Council
Tel: 0121 303 6676
Fax: 0121 303 4943
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Richard Taylor left an annotation (24 June 2011)
Link to this