Follow this request

There is 1 person following this request

Act on what you've learnt

Similar requests

More similar requests

Event history details

Are you the owner of any commercial copyright on this page?

Contract and costs of Landmark Information Group

Julian Todd made this Freedom of Information request to Department for Communities and Local Government

Response to this request is long overdue. By law, under all circumstances, Department for Communities and Local Government should have responded by now (details). You can complain by requesting an internal review.

From: Julian Todd

30 November 2009

Dear Sir or Madam,

In around 2006 the DCLG entered into a contract with Landmark
Information Group for maintenance of the database of Energy
Performance Certificates, Display Energy Certificates and Energy
Assessors.[1][2]

Please may I have:

* copies of all contracts and service agreements between the DCLG
and Landmark Information Group relating to these databases

* detailed costs to the government for these contracts

* the revenue raised by the Landmark from fees made possible by
this government concession

I am in particular seeking details of any added costs for serving
this contract caused by changes due to SI1900(2009).[3]

[1] http://www.theyworkforyou.com/wrans/?id=...

[2] http://www.theyworkforyou.com/wrans/?id=...

[3]
http://www.uk-legislation.hmso.gov.uk/si...

Yours faithfully,

Julian Todd

Link to this

From: Phil Beschizza
Department for Communities and Local Government

2 December 2009


Attachment 021209 F0003489 Mr J Todd.pdf
46K Download View as HTML

Attachment 091013 IR Leaflet.pdf
41K Download View as HTML


Dear Mr Todd,

Please find attached a letter, which acknowledges receipt of your FOI
request.

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Communities & Local Government
5/H9, Eland House
Bressenden Place
Victoria
London SW1E 5DU

T: 0303 444 1836
E: [email address]

<<021209 F0003489 Mr J Todd.pdf>> <<091013 - IR Leaflet.pdf>>

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Phil Beschizza
Department for Communities and Local Government

31 December 2009


Attachment 021231 F0003489 Mr J Todd.pdf
51K Download View as HTML

Attachment 091013 IR Leaflet.pdf
41K Download View as HTML


Dear Mr Todd,

Please see the attached letter in response to your FOI request, together
with a copy of the CLG Internal Review leaflet.

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Communities & Local Government
5/H9, Eland House
Bressenden Place
Victoria
London SW1E 5DU

T: 0303 444 1836
E: [email address]

<<021231 F0003489 Mr J Todd.pdf>> <<091013 - IR Leaflet.pdf>>

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Phil Beschizza
Department for Communities and Local Government

26 January 2010


Attachment 100126 F0003489 Mr J Todd.pdf
63K Download View as HTML

Attachment 091013 IR Leaflet.pdf
41K Download View as HTML


Dear Mr Todd,

Please find attached my letter relating to above FOI request.

I also attach a copy of the CLG Internal Review Guidance.

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Communities & Local Government
5/H9, Eland House
Bressenden Place
Victoria
London SW1E 5DU

T: 0303 444 1836
E: [email address]
<<100126 F0003489 Mr J Todd.pdf>> <<091013 - IR Leaflet.pdf>>

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Julian Todd

26 January 2010

Dear Phil Beschizza,

Ref F0003489

Thank you for your response to my FOI request for the contracts and
costs with the Landmark Information Group citing what appears to be
a thoroughly standard Section 43 (Commercial interests) exemption
against the disclosure of the contract.

You included three points in favour of the case:

1) The contracts, and service agreements with Landmark are
extensive and do contain commercially sensitive information.

2) Disclosure 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.

3) Potentially, there are also some details which need to be
excluded because of system security issues.

The guidelines for the Act require you to disclose as much of the
information as possible. The fact that a document contains exempt
information does not preclude disclosure of the document with
redactions. This clearly applies to points (1) and (3).

As to point (2), the commercial interest exemption does not extend
to protecting the unfair commercial advantages that Landmark has as
a result of being party to the details of what became the
successful bid. The point therefore argues for disclosure of this
information so that there is a level playing field among all
contractors when the contract is up for renewal.

Finally, I draw your attention to a statement made by the current
information commissioner:

"It should be absolutely routine that details of contracts, value
of contracts, expenses, minutes of top-level meetings just should
be up there on departmental websites."

http://www.bbc.co.uk/blogs/opensecrets/2...

Please pass this message on to the person who handles internal
reviews in the Department for Communities and Local Government

Yours faithfully,

Julian Todd

Link to this

From: CLG-FOIAdvice
Department for Communities and Local Government

28 January 2010

Dear Mr Todd

Thank you for your email 26th January 2010 in which you seek a review of the response provided by Communities and Local Government to your request for information under the Freedom of Information Act.

The review will be considered under the Department's internal review procedures. A full re-evaluation of your request will be undertaken.

I will today allocate this request to an Internal Review Officer and you should receive a reply by 23rd February 2010.

FOI Advice Team
Knowledge Management Division
Zone 2/A3, Eland House
0303 444 3973

show quoted sections

Link to this

From: Bill Feinstein
Department for Communities and Local Government

19 February 2010


Attachment FO003489 Internal Review 3.doc
119K Download View as HTML


<<FO003489 Internal Review (3).doc>>

Dear Mr Todd

Please find attached a response to your e-mail of 26 January requesting an
internal review of your FOI request relating to contracts between DCLG and
the Landmark Information Group.

Bill Feinstein

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Julian Todd

19 February 2010

Dear Bill Feinstein,

Thank you for reviewing my FOI request concerning the contracts
with the Landmark Information Group.

I look forward to the imminent disclosure of these contracts
following this internal review of this "properly handled" request.

Yours sincerely,

Julian Todd

Link to this

Julian Todd left an annotation (19 February 2010)

No, it doesn't make sense!

Link to this

From: Phil Beschizza
Department for Communities and Local Government

7 April 2010


Attachment redacted CLG EPC Service Agreement Final FOI IR request.pdf
1.1M Download View as HTML

Attachment redacted CLG HCRR Contract FOI IR request.pdf
1023K Download View as HTML


Dear Mr Todd,

Following Mr Feinstein's email of 19 February, please find attached
redacted versions of the Landmark Domestic & Non-Domestic Registers
contracts.

<<redacted CLG EPC - Service Agreement Final - FOI IR request.pdf>>
<<redacted CLG HCRR Contract - FOI IR request.pdf>>

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Communities & Local Government
5/H9, Eland House
T: 0303 444 1836

show quoted sections

Link to this

From: Julian Todd

12 April 2010

Dear Phil Beschizza,

Thank you for sending me copies of the two contracts with Landmark
Information Group for managing the energy certificates in your
email of 7 April.

Unfortunately there appears to have been a number of redactions,
particularly of any and all financial information. I don't know why
this could be, since Clause 31 in each contract states quite
clearly:

"The Authority shall be responsible for determining in its absolute
discretion whether any Information is exempt from disclosure in
accordance with the provisions of FOIA or the Environmental
Information Regulations."

In addition, Clause 31 does not take the opportunity to suggest
that any of these numbers or lists (in the same document) should be
withheld from disclosure.

Can you either release the contracts in full, or explain and
justify each redaction that has been made in terms of the
exemptions?

Yours sincerely,

Julian Todd

Link to this

From: Phil Beschizza
Department for Communities and Local Government

12 April 2010

Thank you for your e-mail.

I am out of the office and will reply to your email when I return.

If your email requires an urgent reply please contact;

[email address]
[email address]
[email address]

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Phil Beschizza
Department for Communities and Local Government

23 April 2010


Attachment 100423 F0003754 Mr J Todd.pdf
48K Download View as HTML

Attachment 100126 F0003489 Mr J Todd.pdf
63K Download View as HTML


Dear Mr Todd,

Please find attached a response to your recent FOI request, together with a copy of the FOI letter I sent to you on 26 January 2010.

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Communities & Local Government
5/H9, Eland House
T: 0303 444 1836

show quoted sections

Link to this

Julian Todd left an annotation ( 4 October 2010)

Complaint sent to ICO. Has been picked up today.

Link to this

From: Phil Beschizza
Department for Communities and Local Government

17 March 2011


Attachment Landmark contracts 17032011.zip
6.9M Download


Dear Mr Todd,

Please find attached copies of the Landmark contracts disclosing some of
the information which had previously been redacted. DCLG is awaiting the
outcome of the ICO deliberations on whether to disclose the information
which remains redacted in the Landmark contracts.

<<Landmark contracts (17032011).zip>>
Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Department for Communities and Local Government
Zone 5/H9 | Eland House | Bressenden Place
Victoria | London | SW1E 5DU

T: 0303 444 1836
F: 0303 444 3313
E: [1][email address]

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[email address]

Link to this

From: Julian Todd

31 March 2011

Dear Phil Beschizza,

Thank you for updating me as to the progress of my request for the
Landmark information contracts.

I have verified that many of the wholly non-sensitive financial
figures (relating to matters such as quantities of insurance
coverage) as well as references to further documents[1] in the
contracts have finally been disclosed.

What remains redacted in the March 2008 contract includes Annex 1
to Schedule 6 (Summary - Baseline financial model)[2] and Annex to
Schedule 19 (Termination for convenience caps)[3].

I look forward to reading a justification for these redactions
which I expect conceals an outline of the commercial benefits that
have been specifically granted to this private company.

[1]
http://scraperwiki.com/cropper/u/page_13...

[2]
http://scraperwiki.com/cropper/u/page_92...

[3]
http://scraperwiki.com/cropper/u/page_14...

Yours sincerely,

Julian Todd

Link to this

From: Phil Beschizza
Department for Communities and Local Government

31 March 2011

Thank you for your e-mail, I am out of the office.

I will respond to your email on my return.

If you require an urgent reply could you please send your email to Raphael
Smith: [email address]

Your message has not been forwarded.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Phil Beschizza
Department for Communities and Local Government

1 April 2011

Dear Mr Todd,

Thank you for your email.

Following your request for the Information Commissioner's Office (ICO) to review this FOI, you will be notified separately by the ICO of their decision into whether the remaining redacted information can be disclosed.

I have not been notified of the ICO's decision and at this stage I have only been asked by the ICO to disclose some of the information which previously had been redacted.

Yours sincerely,

Phil Beschizza
Home Buying, Selling &
Energy Performance
Zone 5/H9, Eland House

T: 0303 444 1836
F: 0303 444 3313
E: [email address]

show quoted sections

Link to this

Julian Todd left an annotation (17 July 2011)

The Decision Notice FS50309543 has been published on the ICO website.

http://www.ico.gov.uk/~/media/documents/...

The additional information is in Paragraph 41 where DCLG explains they can't release any information about the system because:

d) It would give away their commercially valuable 'zero data loss' capability.

c) It would help a skilled computer hacker to break the system.

http://scraperwiki.com/cropper/u/page_9/...

This should therefore be filed under the Security by obscurity defence.
http://en.wikipedia.org/wiki/Security_th...

Link to this

Things to do with this request

Anyone:
Department for Communities and Local Government only: