Dear Sir or Madam,

Please send me a copy of the most up-to-date version of --

(a) the 3 year "Business Plan"; and

(b) the "Services Contract"

described in the Joint Venture Agreement dated 1 September 2004
between Mouchel Parkman Services Ltd, Liverpool City Council, and
2020 Liverpool Limited, that was disclosed on 26 March 2008 under
the Freedom of Information Act.

Supporting evidence against claiming an exemption:

The Joint Venture Agreement imposes obligations on the Shareholders
(which includes the Council) that clearly imply the establishment
of a non-competitive environment for this business of at least a
decade.

The public interest case is favour of:

* facilitation of accountability and transparency of public
authorities for decisions taken by them;

* facilitation of accountability and transparency in the spending
of public money;

* allowing individuals to understand decisions made by public
authorities affecting their lives

A belief that there is a public interest case in withholding this
information must be based on a credible argument that disclosure
would damage the commercial interests of the parties involved, and
must take account of the fact that such commercial interests appear
on the face of it to be fully protected by this Joint Venture
Agreement.

Yours faithfully,

Julian Todd.

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: www.liverpool.gov.uk .

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

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Dear Mr Todd,

Thank you for your recent e-mail.

We have forwarded your request to the relevant department, and they will
answer your query as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct
[Liverpool City Council request email]
www.liverpool.gov.uk
Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via e-mail? Go to
www.liverpool.gov.uk and complete the easy online registration form.

show quoted sections

Dear Julian

FOI REQUEST NO: 27310

RE:Mouchel Parkman Service Contract and 3 Year Business Plan

Many thanks for your recent communication requesting information under
the Freedom of Information Act 2000, dated 8th April 2008.

Once your request has been actioned either myself or a colleague will
respond to you.

I should be grateful if you would quote the above FOI Request No in
all future communications.

Yours sincerely

Wendy Twigge
Information Manager

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Dear Mr Todd

In order to comply with your request, the information which you have
requested will nedd to be sent to you in hard copy. Therefore, could
you please provide me with a postal address so that we can forward the
infomration which you have requested to you.

Regards

Miss W Twigge
Information Manager
Tel; 0151 225 3132

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Dear Mr Todd

The infomration which you have requested under the Freedom of
Information Act 2000 has been obtained and is in ard copy format. Can
you please supply a postal address in order that we can send you the
information and conclude your request.

Regards

Wendy Twigge
Information Manager
Tel: 0151 225 3132

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Dear Wendy Twigge,

I have received the two documents I requested. Thank you for your
reply.

It was probably not necessary to repeat the same 5 paragraphs of
boilerplate -- Section 43 (prejudice of commercial interests of a
"person"), the Public Interest Test being considered, and Section
41 (information provided in confidence) -- 6 times, when a table of
redactions would have sufficed.

Please consider this letter as part of the complaints procedure so
that the matter may be forwarded to the Information Commissioner in
the event that the information is not disclosed.

The redactions on the 2020 Liverpool Ltd Contract were as follows:

1) p55 - a percentage figure relating to termination by the Council
"in the event of a major and fundamental breach" demonstrating its
inability to perform its material obligations.

2) p57 - a percentage figure relating to termination by the
Contractor "in the event of a persistent failure by the Council"
which frustrates the Contractor

3) p72 - The Parkman Corporate Management Services Fee

4) p82 - The figures in the Initial Cost Model to March 04

5) p83 - Overheads costs (to March 04)

6) p84-87 - Schedule 3, the list of staff who were TUPED

7) p89 - The amount per annum cost that IT services will fall

For Section 43 to apply, there needs to be some commercial
interests that could be threatened.

Commercial interests are related to income and the possibility of
future business. Information relating to fees in contracts usually
cease to be commercially sensitive once they have come into force
and there is no legally demonstrable way that refunds could be made
or business process could be changed as a result of the disclosure.

I believe that Section 43 does not apply to the redactions on p82
or p83 owing to the financial transactions mentioned being cleared
more than three years ago and there being no possibility of a
repayment.

I believe that the disclosure of the percentages related to
penalties on p55 and p57 could not constitute a "major and
fundamental breach" in the performance of material obligations in
providing Services. The Officers on both sides of the Contract
whose sole decision it is whether or not to terminate the Contract
will already be aware of these figures. Therefore disclosure could
not make any difference to that procedure. The information cannot
have any effect on any part of the business except the termination
procedure.

The figures on p72 and p89 are now legally binding since the
Contract was signed in 2003. Section 1.3(a) of the Contract says:

"The Council hereby appoints the Contractor as its preferred
supplier to provide all of the Council's external supplier
requirements for the Services or any of them throughout the
duration of this Agreement provided that the Council may from time
to time use an alternative provider for any particular Project
where in respect of such Project the Council, having consulted with
the Contractor in respect of each such Project, is of the
reasonable opinion that" the Contractor is unable to complete the
job.

Since the Contractor's standing as the Council's preferred supplier
is on such firm ground, I believe that disclosure of these figures
could not possibly have any commercial consequences whatsoever.

Section 41 applies to information provided in confidence. There is
no evidence -- stated or implied -- anywhere in the Contract that
any of the above information was supplied by Mouchel Parkman to the
Council in confidence. Disclosure of these figures -- as required
by the Freedom of Information Act -- would not give rise to an
actionable breach of confidence that resulting in Liverpool City
Council being taken to court by anyone.

Finally, Schedule 3 has been omitted because it contains a detailed
list of staff and constitutes personal information. However, the
list itself in terms of numbers of staff and job titles is not
personal information. I am certain that the pages 84-87 could
easily be disclosed with the personally identifiable information
redacted.

Please consider these complaints about the exemptions, and either
send me responses to these points or a replacement copy of the
relevant pages.

Yours sincerely,

Julian Todd.

Thank you for your e-mail.

This e-mail confirms we have received your enquiry.

We will endeavour to respond to this enquiry within 24 hours, but please
note that during

busy periods it may take up to 3 working days to reply to you.

In the mean time, you will be able to find the answers to commonly asked
questions on our
website: www.liverpool.gov.uk .

Please do not respond to this e-mail as it has been generated
automatically.

Liverpool Direct
Winner - 'Best in Public Sector', Call Centre

Association Excellence Awards 2004 Liverpool,

European Capital of Culture 2008

show quoted sections

Dear Julian Todd,

Thank you for your recent e-mail.

We have forwarded your request to the relevant department, and they will
answer your query as soon as possible.

Please contact us if you have any further queries we may assist with.

Yours sincerely

Liverpool Direct

[Liverpool City Council request email]

www.liverpool.gov.uk

Liverpool, European Capital of Culture 2008

Would you prefer to receive your council tax bill via e-mail? Go to
www.liverpool.gov.uk and complete the easy online registration form.

show quoted sections

Attached are scans of the

Business Plan of 2020 (the partership company)
Contract with Liverpool City Council
Schedules of the Contract

letters containing exemptions applied to the contract