ORR Board papers

The request was partially successful.

Dear Office of Rail and Road,

Please provide the following information under the FOI Act and the Environmental Information Regulations:

1) The planned dates of future Board meetings
2) Any papers presented to the ORR Board meeting on 23 June 2020.

Yours faithfully,

J Taylor

CCT Contact, Office of Rail and Road

Thank you for your email which has been received by the Customer
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CCT Contact, Office of Rail and Road

2 Attachments

Dear J. Taylor,

 

Thank you for your email of 8^th November 2020 requesting information
regarding future dates of Board meetings for the Office of Rail and Road
(ORR) and copies of papers presented to the ORR Board on 23^rd June 2020.

 

We are handling your request under the terms of the Freedom of Information
Act 2000 (the Act).  Under the terms of the Act you are entitled to a
response within 20 working days of receipt. We therefore aim to provide a
response no later than 7^th December 2020.  If we cannot meet this
deadline we will let you know the reason and also tell you when you can
expect a response.

 

If you have any query about this email please contact the Customer
Correspondence Team quoting the above reference.

 

Yours sincerely,

 

On behalf of the Customer Correspondence Team

 

 

[1]cid:image001.png@01D65698.554BFF70 Juliet

Customer Correspondence
Team

020 7282 2000
[2][ORR request email]

25 Cabot Square, London
E14 4QZ
[3]orr.gov.uk   | Follow
us [4]@railandroad

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

From: J Taylor <[FOI #704506 email]>
Sent: 08 November 2020 08:03
To: CCT Contact <[ORR request email]>
Subject: Freedom of Information request - ORR Board papers

 

Dear Office of Rail and Road,

Please provide the following information under the FOI Act and the
Environmental Information Regulations:

1) The planned dates of future Board meetings
2) Any papers presented to the ORR Board meeting on 23 June 2020.

Yours faithfully,

J Taylor

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[5][FOI #704506 email]

Is [6][ORR request email] the wrong address for Freedom of Information
requests to Office of Rail and Road? If so, please contact us using this
form:
[7]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

CCT Contact, Office of Rail and Road

3 Attachments

Dear J. Taylor,

 

I write further to our email of 9^th November 2020 notifying you that you
could expect a response to your request on or before 7^th December 2020 .

 

Although the Freedom of Information Act 2000 (FOI Act) normally requires
us to send a response within 20 working days, section 10(3) of the FOI Act
allows us to extend this limit in certain circumstances, such as where we
need more time to consider the public interest test where a qualified
exemption applies.

 

In this case, we need to extend the response deadline, because, having
located the information, we need extra time to evaluate it as there are
multiple exemptions to apply and also a few points which we need to follow
up with other parties.   We are therefore, extending the deadline to 21^st
December 2020.  This will enable us to complete our evaluation and conduct
the public interest test and provide you with a response.

 

To assist  us in our review of the documents, please indicate if there is
something that you are particularly interested in?

 

Please accept our apologies for any inconvenience this delay may cause.

 

Yours sincerely,

 

 

For and on behalf of the Customer Correspondence Team

 

 

[1]cid:image001.png@01D6592A.AE754DB0 Juliet

Customer Correspondence
Team

020 7282 2000
[2][ORR request email]

25 Cabot Square, London
E14 4QZ
[3]orr.gov.uk   | Follow
us [4]@railandroad

 

ORR staff are working
normally, but from home,
during Covid-19

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

From: CCT Contact
Sent: 09 November 2020 15:28
To: J Taylor <[FOI #704506 email]>
Subject: FOI Request for dates of future ORR Board meetings and papers
presented to the Board from 23rd June 2020 Board - Our Ref: FOI/0836

 

Dear J. Taylor,

 

Thank you for your email of 8^th November 2020 requesting information
regarding future dates of Board meetings for the Office of Rail and Road
(ORR) and copies of papers presented to the ORR Board on 23^rd June 2020.

 

We are handling your request under the terms of the Freedom of Information
Act 2000 (the Act).  Under the terms of the Act you are entitled to a
response within 20 working days of receipt. We therefore aim to provide a
response no later than 7^th December 2020.  If we cannot meet this
deadline we will let you know the reason and also tell you when you can
expect a response.

 

If you have any query about this email please contact the Customer
Correspondence Team quoting the above reference.

 

Yours sincerely,

 

On behalf of the Customer Correspondence Team

 

 

[5]cid:image001.png@01D65698.554BFF70 Juliet

Customer Correspondence
Team

020 7282 2000
[6][ORR request email]

25 Cabot Square, London
E14 4QZ
[7]orr.gov.uk   | Follow
us [8]@railandroad

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

From: J Taylor <[9][FOI #704506 email]>
Sent: 08 November 2020 08:03
To: CCT Contact <[10][ORR request email]>
Subject: Freedom of Information request - ORR Board papers

 

Dear Office of Rail and Road,

Please provide the following information under the FOI Act and the
Environmental Information Regulations:

1) The planned dates of future Board meetings
2) Any papers presented to the ORR Board meeting on 23 June 2020.

Yours faithfully,

J Taylor

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[11][FOI #704506 email]

Is [12][ORR request email] the wrong address for Freedom of Information
requests to Office of Rail and Road? If so, please contact us using this
form:
[13]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[15]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

CCT Contact, Office of Rail and Road

3 Attachments

Dear J Taylor,

 

I refer to our email of 4^th December 2020 advising that we were extending
the deadline to respond to your Freedom of Information request to 21^st
December to allow us time to evaluate the information as multiple
exemptions apply.

 

Unfortunately, we have not finished applying the exemptions and are still
in discussion with other parties.  We are therefore,  further extending
the deadline to 13^th January 2021, to facilitate the above and
accommodate the holiday period. This should allow us to complete our
evaluation, conduct the public interest test and provide you with a
response.

 

Please accept our apologies for any inconvenience this delay may cause.

 

Best wishes for a lovely Christmas and new year.

 

Yours sincerely,

 

For and on behalf of the Customer Correspondence Team

 

 

[1]cid:image001.png@01D6592A.AE754DB0 Juliet

Customer Correspondence
Team

020 7282 2000
[2][ORR request email]

25 Cabot Square, London
E14 4QZ
[3]orr.gov.uk   | Follow
us [4]@railandroad

 

ORR staff are working
normally, but from home,
during Covid-19

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

From: CCT Contact
Sent: 04 December 2020 15:39
To: [FOI #704506 email]
Subject: FOI Request for dates of future ORR Board meetings and papers
presented to the Board from 23rd June 2020 Board - Our Ref: FOI/0836

 

Dear J. Taylor,

 

I write further to our email of 9^th November 2020 notifying you that you
could expect a response to your request on or before 7^th December 2020 .

 

Although the Freedom of Information Act 2000 (FOI Act) normally requires
us to send a response within 20 working days, section 10(3) of the FOI Act
allows us to extend this limit in certain circumstances, such as where we
need more time to consider the public interest test where a qualified
exemption applies.

 

In this case, we need to extend the response deadline, because, having
located the information, we need extra time to evaluate it as there are
multiple exemptions to apply and also a few points which we need to follow
up with other parties.   We are therefore, extending the deadline to 21^st
December 2020.  This will enable us to complete our evaluation and conduct
the public interest test and provide you with a response.

 

To assist  us in our review of the documents, please indicate if there is
something that you are particularly interested in?

 

Please accept our apologies for any inconvenience this delay may cause.

 

Yours sincerely,

 

 

For and on behalf of the Customer Correspondence Team

 

 

[5]cid:image001.png@01D6592A.AE754DB0 Juliet

Customer Correspondence
Team

020 7282 2000
[6][ORR request email]

25 Cabot Square, London
E14 4QZ
[7]orr.gov.uk   | Follow
us [8]@railandroad

 

ORR staff are working
normally, but from home,
during Covid-19

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

From: CCT Contact
Sent: 09 November 2020 15:28
To: J Taylor <[9][FOI #704506 email]>
Subject: FOI Request for dates of future ORR Board meetings and papers
presented to the Board from 23rd June 2020 Board - Our Ref: FOI/0836

 

Dear J. Taylor,

 

Thank you for your email of 8^th November 2020 requesting information
regarding future dates of Board meetings for the Office of Rail and Road
(ORR) and copies of papers presented to the ORR Board on 23^rd June 2020.

 

We are handling your request under the terms of the Freedom of Information
Act 2000 (the Act).  Under the terms of the Act you are entitled to a
response within 20 working days of receipt. We therefore aim to provide a
response no later than 7^th December 2020.  If we cannot meet this
deadline we will let you know the reason and also tell you when you can
expect a response.

 

If you have any query about this email please contact the Customer
Correspondence Team quoting the above reference.

 

Yours sincerely,

 

On behalf of the Customer Correspondence Team

 

 

[10]cid:image001.png@01D65698.554BFF70 Juliet

Customer Correspondence
Team

020 7282 2000
[11][ORR request email]

25 Cabot Square, London
E14 4QZ
[12]orr.gov.uk   | Follow
us [13]@railandroad

 
    ORR protects the interests
of rail and road users,
improving the safety,
value and performance of
railways and roads today
and in the future.

 

From: J Taylor <[14][FOI #704506 email]>
Sent: 08 November 2020 08:03
To: CCT Contact <[15][ORR request email]>
Subject: Freedom of Information request - ORR Board papers

 

Dear Office of Rail and Road,

Please provide the following information under the FOI Act and the
Environmental Information Regulations:

1) The planned dates of future Board meetings
2) Any papers presented to the ORR Board meeting on 23 June 2020.

Yours faithfully,

J Taylor

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[16][FOI #704506 email]

Is [17][ORR request email] the wrong address for Freedom of Information
requests to Office of Rail and Road? If so, please contact us using this
form:
[18]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[19]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[20]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

CCT Contact, Office of Rail and Road

13 Attachments

Dear J. Taylor,

 

I refer to your email of 8^th November 2020, requesting future Board
meeting dates for the Office of Rail and Road (ORR) and copies of papers
that were presented at the ORR Board meeting on 23^rd June 2020.  Your
request has been considered under the terms of the Freedom of Information
Act 2000 (FOIA).

 

We apologise for the delay in replying. Our response is as follows.

 

1.      The planned dates of future Board meetings

 

The Board meeting dates for 2021 are below.  Please note that the board
may be asked to meet on other dates as necessary.  We don’t have a plan
beyond 2021. 

 

January 26

February 23

March 23

April 27

May 25

June 22

July 27

September 21

October 19

November 23

December 14

 

2.      Any papers presented to the ORR Board meeting on 23 June 2020.

 

We consider that some documents in this part of your request are covered
by exemptions which are detailed in the table below

 

+----------------------------------------------------------------------------------+
|Agenda|Title |Exemption (s) Applied |
|Item | | |
|Nos | | |
|------+-------------+-------------------------------------------------------------|
|3 |Minutes of |s.21 (1) Information Accessible by other means |
| |May Board | |
| |Meeting |This information is available on our website at: |
| | |https://www.orr.gov.uk/about/who-we-are/...
| | | |
| | |  |
|------+-------------+-------------------------------------------------------------|
|3a |Final Action |s.35 (1) (a) Formulation of Government Policy |
| |Table | |
| | | |
| |Paragraph 53 | |
|------+-------------+-------------------------------------------------------------|
|5 |Health and |  |
| |Safety Annual| |
| |report to the|  |
| |Board | |
| | |s.30 (1) (a), Investigations and proceedings conducted by |
| |Paras 11-14, |Public Authorities |
| |20 | |
| | |s.31 (2) |
| |  | |
| | |  |
| |Para 21 | |
| |(partial) |s.40 (2) (b)  - Personal Information |
| | | |
| |  |  |
| | | |
| |Para 38 |S.42 (1) – Legal Professional Privilege |
| |(partial) | |
| | | |
| |  | |
| | | |
| |Para 47 | |
|------+-------------+-------------------------------------------------------------|
|6 |Full Board |  |
| |Information | |
|  |Pack | |
|------+-------------+-------------------------------------------------------------|
|7 |Diversity and|  |
| |Inclusion | |
| |Strategy | |
|------+-------------+-------------------------------------------------------------|
|8 |Annual |s.40 (2) (b) Personal Information |
| |Consumer | |
| |Report | |
|------+-------------+-------------------------------------------------------------|
|8a |Annex A – |  |
| |Annual | |
| |Consumer | |
| |Report | |
|------+-------------+-------------------------------------------------------------|
|8b |Annex B – |  |
| |Annual | |
| |Consumer | |
| |Report | |
|------+-------------+-------------------------------------------------------------|
|9 |Rail |s.40 (2) (b) Personal Information, |
| |Ombudsman | |
| |Review |  |
| | | |
| |Para. 14 |s.44 (1) (a) Prohibitions on Disclosure |
|------+-------------+-------------------------------------------------------------|
|10 |Williams |s.35 (1) (a) Formulation of Government Policy |
| |Review | |
|------+-------------+-------------------------------------------------------------|
|11 |Chief |  |
| |Inspector’s | |
| |Annual | |
| |Report: | |
| |Emerging | |
| |Themes | |
|------+-------------+-------------------------------------------------------------|
|12 |ORR |  |
| |Stakeholder | |
| |and | |
| |Parliamentary| |
| |Research | |
|------+-------------+-------------------------------------------------------------|
|  |Chief |s.40 (2) (b) Personal Information |
| |Executive’s | |
| |Report to the|  |
| |Board | |
| | |s.35 (1) (a) Formulation of Government Policy |
| |Para. 2B | |
| | |s.35 (1) (a) Formulation of Government Policy |
| |  | |
| | | |
| |Para. 8 | |
|------+-------------+-------------------------------------------------------------|
|  |Annex A |S35 (1) (a) Formulation of Government Policy |
+----------------------------------------------------------------------------------+

 

Under FOIA there are two types of exemption: absolute and qualified. s.21
and s.44 are absolute exemptions.

 

We consider that Agenda Item 3 is covered by s.21 (1) of FOIA: Information
accessible by other means. You can access it via the link provided in the
table. 

 

We consider that paragraph 14 of Agenda Item 9  is covered by s.44(1)(a)
of FoIA : Prohibitions on disclosure. This is by virtue of the prohibition
on disclosure of such information set out in s.145 of the Railways Act
1993. In broad terms ORR cannot disclose information that has been
obtained in the exercise of our functions as a regulator. This is
information has therefore been redacted from the document.

 

S.30, 31, 35 and 42 are all qualified exemptions subject to the public
interest test. This means we must consider the factors in favour of
disclosure, balanced against the factors for maintaining the exemption.

 

Public Interest Test ( s.30, s.31, s.42)

 

The following factors have been considered in favour of disclosure:

 

•                    Promote transparency in ORR’s investigation process

•                    Support transparency and promote accountability to
the general public.

•                    Secure the health and safety of passengers, members
of the public and railway employees.

 

Balanced against the following factors for maintaining the exemption:

 

•                    Inhibit ORR’s ability to conduct further
investigations and inspections effectively because, for example, third
parties may be less willing to volunteer information to ORR if information
is disclosed inappropriately.

•                    It would be damaging to disclose information that may
form evidence in the event of any future enforcement action.

•                    Disclosure would be likely to inhibit open and honest
communications between ORR and stakeholders during enquiries and
investigations thereby damaging ORR’s ability to conduct future enquiries
and investigations effectively.

 

Decision – s.30, 31, 42

After careful consideration of the above factors, we have decided that the
balance is more weighted in favour of maintaining the exemptions and we
are withholding the information covered by these exemptions.  Disclosure
of details of our investigation, may have a detrimental effect on future
investigations of incidents the railway and prejudice our function of
ascertaining whether circumstances could justify regulatory action.

 

Public Interest Test (s.35)

 

The following factors have been considered in favour of disclosure:

 

·         Support transparency and promote accountability to the general
public.

o Fulfils an educative role about stages in policy development

 

Balanced against the following factors for maintaining the exemption:

 

•                    Disclosure would be likely to inhibit open and honest
communications between ORR and stakeholders

•                    Inappropriate release of the information at this
stage might generate misinformed debate in areas where future options have
yet to be finalised.

 

Decision – s.35

 

After careful consideration of the above factors, we have decided that the
balance is more weighted in favour of maintaining the exemptions and
withholding the information covered by this exemption.  The Board requires
a safe space in which free and frank discussion can take place. Sharing
views internally within the organisation is important to ensure that all
relevant considerations are taken into account in developing and
implementing policy. Disclosure at a time when these views are still being
considered would negatively impact ORR’s ability to fully consider the
information before coming to firm conclusions. Whilst we acknowledge that
there is strong public interest in government and organisations
demonstrating transparent and accountable decision-making which allows the
public to be more informed and better able to engage in policy
development, there is also a strong public interest in ensuring that this
does not compromise the Board’s access to the necessary degree of private
thinking space within which to ask for and receive full and frank,
impartial advice from officials and to consider a range of policy options
and their issues and implications.

On balance therefore, we consider that the public interest is best served
by maintaining the exemption.

 

The documents that can be disclosed are attached. Some personal
information has been redacted as we consider it to be exempt under s.40
(2) (b) of FOIA.

 

Should you have any further queries regarding your request please contact
the Customer Correspondence Team (CCT).

 

Your rights of appeal under FOIA

 

If you are not satisfied with how your request has been handled, you have
the right to ask for an internal review. Internal review requests should
be submitted within two months of the date of this email, and should be
addressed to the Board Secretariat at:

 

Office of Rail and Road

25 Cabot Square

London

E14 4QZ

 

Email: [1][email address]

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner (IC) for a decision.
Generally the IC cannot make a decision unless you have exhausted the
complaints procedure provided by ORR. The IC can be contacted at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 0303 123 1113

Email: [2][email address]

Website: [3]http://www.informationcommissioner.gov.uk

 

Yours sincerely,

 

For and on behalf of the Customer Correspondence Team

 

 

[4]cid:image001.png@01D6592A.AE754DB0 Juliet

Customer Correspondence
Team

020 7282 2000
[5][ORR request email]

25 Cabot Square, London
E14 4QZ
[6]orr.gov.uk   | Follow
us [7]@railandroad

 

ORR staff are working
normally, but from home,
during Covid-19

 
    ORR protects the
interests of rail and
road users, improving the
safety, value and
performance of railways
and roads today and in
the future.

 

 

From: J Taylor <[FOI #704506 email]>
Sent: 08 November 2020 08:03
To: CCT Contact <[ORR request email]>
Subject: Freedom of Information request - ORR Board papers

 

Dear Office of Rail and Road,

Please provide the following information under the FOI Act and the
Environmental Information Regulations:

1) The planned dates of future Board meetings
2) Any papers presented to the ORR Board meeting on 23 June 2020.

Yours faithfully,

J Taylor

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[8][FOI #704506 email]

Is [9][ORR request email] the wrong address for Freedom of Information
requests to Office of Rail and Road? If so, please contact us using this
form:
[10]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections