Annual payments to MEM Fisheries

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Canal & River Trust fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Canal & River Trust,
A company called MEM fisheries is being used by the Fisheries manager of Canal & Rivers Trust Mr John Ellis, who by the way is a former director of MEM Fisheries, to systmatically electrofish the midlands canal network and subsequently remove large quantities of various fish species.
I would like you to provide me with the annual amounts in pounds sterling that the canal & rivers trust have paid to this company from 1995 to 2020 inclusive.

Yours faithfully,

Steven Hodges

Information Request, Canal & River Trust

Dear Steven,

Thank you for contacting the Canal & River Trust with your enquiry. We are currently looking into this and will get back to you as soon as possible.

In the meantime, if you have any queries about this email, please do not hesitate to get in contact.

Kind Regards
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

E: [email address]

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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dangos adrannau a ddyfynnir

Joshua Fellows, Canal & River Trust

Dear Mr Hodges,

Thank you for your email.

After careful consideration we have concluded that the information you have requested “Provide me with the annual amounts in pounds sterling that the canal & river trust have paid to MEM fisheries from 1995 to 2020 inclusive” is unfortunately exempt from disclosure under Section 43(2) of the Freedom of Information Act 2000 as the disclosure is likely to prejudice the commercial interests of the Trust.

I have carried out the public interest test in relation to the application of this exemption. Factors in favour of disclosure are that providing the information can facilitate the accountability and transparency of the Trust.

Factors against disclosure are that the Trust is currently going through a tender process and disclosure of this information could affect the outcome of the tender and its negotiating position would be adversely affected, if we disclose this information. It is also in the public interest for the Trust to negotiate and obtain the best possible agreement in relation to such fees in order to maximise the revenue it has to spend on its statutory obligations and charitable purposes. On balance, the factors against disclosure of the information outweigh the factors in favour of disclosure.

If you are dissatisfied with the handling of your request, 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 sent by email to [email address] or by post to Information Officer, Legal Department, Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ. Please remember to quote the reference number above in any future communications. You are also able to contact the Information Commissioner by telephoning 0303 123 1113 although please note they would usually expect you to have gone through our internal review procedure before contacting them.

Kind Regards
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

E: [email address]

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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@canalrivertrust

/canalrivertrust

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dangos adrannau a ddyfynnir

Dear Canal & River Trust,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Annual payments to MEM Fisheries'.

A company called MEM fisheries is being used by the Fisheries manager of Canal & Rivers Trust Mr John Ellis, who by the way is a former director of MEM Fisheries, to systmatically electrofish the midlands canal network and subsequently remove large quantities of various fish species.
I would like you to provide me with the annual amounts in pounds sterling that the canal & rivers trust have paid to this company from 1995 to 2020 inclusive.
Your refusal excuse is not acceptable as you do not use a tendering process because MEM fisheries if the only company you ever use. If you refuse to disclose this information I will write a letter of complaint to the Government Minister responsible and ask him to investigate.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

Steven Hodges

Gadawodd Allan Richards anodiad ()

Steve,

It might be worthwhile reminding CRT that they are required to consider this request under Environmental Information Regulations as well as the Freedom of Information Act.

You should ask that the reviewing officer provides an explanation as to why this failure took place.

You may also wish to make a further information request to obtain a copy of CRT's claimed "invitation to tender"

Dear Joshua Fellows,
I must remind you that CRT are required to consider this request under Environmental Information Regulations as well as the Freedom of Information Act.

I also wish to ask that the reviewing officer provides an explanation as to why this failure took place.

Yours sincerely,

steven

Information Request, Canal & River Trust

Dear Mr Hodges,

Thank you for your request for an internal review which shall be handled by myself.

I can confirm that the Trust has 20 working days to respond to your request as stipulated by the Freedom of Information Act 2000. I therefore make the deadline the . I shall however endeavour to provide a response sooner than that.

I shall be back in contact should I require any further information from you. Likewise, if you have anything further you wish to raise, and for me to consider, in the handling of your request please let me know as soon as possible.

Kind regards,

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

dangos adrannau a ddyfynnir

Gadawodd J. Willams anodiad ()

You may find the following link of interest - https://www.whatdotheyknow.com/request/r...

Bearing in mind that this is not the first time that the Trust has used a junior member of staff to avoid a senior manager or director being associated with a review decision, you may wish to make a complaint to the Information Commissioner and/or ask for the review to be carried out by an appropriate person (including giving an explanation).

Jessica

Dear Canal and River Trust

I would also refer you to Joshua Fellows linkedin profile. He joined you in January of this year and has no prior experience of, or qualifications in, Environmental Information Regulations or Freedom of Information.

Please provide a response from a director or a senior manager.
I also wish to make a complaint to the Information Commissioner as your initial excuse for not disclosing the inforation requested is not acceptable as all public funded organisations like yourselves need to provide full transparency with regards to how you spend the money so that we can ensure it is not being wasted on projects that are not beneficial to the members and general public.

Yours sincerely,

Steven Hodges

steven

Information Request, Canal & River Trust

Dear Mr Hodges,

Thank you for your email. As this request was initially dealt with under the Freedom of Information Act we are treating this internal review under the Freedom of Information Act also. It is stated with the ICO’s Request handling , Freedom of Information – Frequently asked questions. https://ico.org.uk/for-organisations/req... that It is good practice for the internal review to be carried out, wherever possible, by somebody other than the person who issued the initial response, there is no requirement for an internal review to be completed by a senior manager or director.

After reviewing your request and the response sent by Mr Fellows on 08/04/2021 I now believe the request should have been dealt under the Environmental Information Regulations 2004 (EIR).

I am however also in view that the information requested, the annual amounts in pounds sterling that the canal & rivers trust have paid to this MEM fisheries from 1995 to 2020, is commercially sensitive in nature and is therefore exempt from disclosure under regulation 15(5)(e) of the Environmental Information Regulation.

I have carried out the public interest test in relation to the application of this exemption. Factors in favour of disclosure are that providing the information can facilitate the accountability and transparency of the Trust.

As previously stated in Mr Fellows’ response of 08/04/2021 factors against disclosure are that the Trust is currently tendering the Trust’ Fisheries Management Contract and disclosure of this information could affect the outcome of the tender and its negotiating position would be adversely affected, if the information was to be disclosed. It is of significant public interest for the Trust to negotiate and obtain the best possible agreement in relation to these agreements in order to maximise the revenue it has to spend on its statutory obligations and charitable purposes.

On balance, the factors against disclosure of the information outweigh the factors in favour of disclosure and are exempt under Regulation 12(5)(e) of the EIR.

If you are dissatisfied with the handling of your request for an internal review, then you are able to contact the Information Commissioner by telephoning 0303 123 1113.

Kind regards,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

dangos adrannau a ddyfynnir

Dear Information Request,
Your reason for refusal is false and unacceptable. This is because the Canal and Rivers Trust have as far as I am aware never tendered for this work it has always been given to MEM Fisheries of which Mr John Ellis the C & RT Fisheries manager is a founder director.
Therefore if you continue to refuse to divulge this information I will write to the Information commissioner and also to the relevant Government minister. Publically funded bodies such as the C & R T must be financially transparent to ensure money is not being wasted.

Yours sincerely,

steven