Current MerseyRail Franchise Agreement

S Marr made this Rhyddid Gwybodaeth request to Merseytravel

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Merseytravel,

Your website states that "Merseytravel lets the concession for the Merseyrail network, setting the conditions and terms of contract."

Please provide a copy of the contract. I understand that some redactions may need to be made to make it suitable for public publication, but the Department for Transport and Transport Scotland have both been able to perform these redactions without exceeding the cost limit for complying with a Freedom of Information request.

Yours faithfully,

S Marr

Brislen, Adam, Merseytravel

3 Atodiad

Dear Sir or Madam

 

Please see attached letter. Any problems then please do not hesitate to
contact me.

 

Kind regards

 

Adam Brislen

Trainee Solicitor | Merseytravel | Mann Island, PO Box 1976, Liverpool,
L69 3HN

Office: 0151 330 1712 | Email: [email address]

 

Please consider the environment before printing this e-mail.

 

 

dangos adrannau a ddyfynnir

Gadawodd ScarletPimpernel anodiad ()

I recently pubilshed some of the contracts Merseytravel have with Merseyrail here http://johnbrace.com/2016/08/12/what-is-... .

Here are direct links to them (I think it's the last one you requested from Merseytravel):

TOC Related Services for the Design, Supply and Installation of Passenger Improvements at various Stations as part of the National Stations Improvement Programme (Merseyrail Electrics 2002 Limited) (25 pages) http://johnbrace.com/wp-content/uploads/...

Funding Agreement for Liverpool South Parkway Real Time Information (Merseyrail Electrics 2002 Limited) (26 pages) http://johnbrace.com/wp-content/uploads/...

Deed to confirm the Consolidated Concession Agreement relating to the services for the carriage of passengers by railway to be provided by Merseyrail Electrics 2002 Limited (348 pages) http://johnbrace.com/wp-content/uploads/...

Dear Adam Brislen,

Thank you for your acknowledgement of my Freedom of Information request for the current Merseyrail Franchise Agreement which you gave the reference RSN14798.

The request was made through the website whatdotheyknow.com where other users can view requests and annotate them. One user named ScarlettPimpernel kindly annotated my request saying that they had previously made a request and the document I am asking for was part of the disclosure made to him in regard to his request.

In light of this, I would like to clarify my request as being for a copy of the 'DEED TO CONFIRM
THE CONSOLIDATED CONCESSION AGREEMENT BETWEEN MERSEYTRAVEL AND MERSEYRAIL ELECTRICS LTD'.

Yours Sincerely,

S Marr

Brislen, Adam, Merseytravel

4 Atodiad

Dear Sir or Madam

 

Please see attached letter. Any problems then please do not hesitate to
contact me.

 

Kind regards

 

Adam Brislen

Trainee Solicitor | Merseytravel | Mann Island, PO Box 1976, Liverpool,
L69 3HN

Office: 0151 330 1712 | Email: [email address]

 

Please consider the environment before printing this e-mail.

 

 

dangos adrannau a ddyfynnir

Dear Brislen, Adam,

Thank you for your response to my Freedom of Information Act Request for the MerseyRail Franchise Agreement which you gave the reference number RSN14798.

Having looked through the document, I note that a large amount of schedule 5 that deals with fares regulation is missing. This is the information that I was looking for.

Although you have redacted Part 2 of the Schedule 5 which deals with fares regulation for reasons of commercial confidentiality. This was actually the information I was looking for!

If you look at the franchise agreements in the Department for Transport's public register (https://www.gov.uk/government/collection...), you can see that very little, if any, of the parts of Schedule 5 (5.4 and 5.7) have been redacted. This is the same with the public franchise agreement issued by Transport Scotland (http://www.transport.gov.scot/rail/scotr...).

The regulation of fares and the importance of the public knowing what the regulation of fares entails and what they can expect from it is important, as
- it allows the public to make representations to elected officials on the matter;
- it allows the public to check and report any irregularities with regulated fares (that might otherwise go unnoticed);

As you response to my initial request was extremely fast, I am not at this stage requesting an internal review. However, I am asking you to consider whether or not you would be able to re-issue the document asked for without Part 2 of Schedule 5 being completely redacted.

If so, please reply within five working days stating that you will do this, and then respond to the Freedom of Information Request within the usual timescale bearing in mind the date it was received was 28 August 2016.

If not, or if you fail to reply within five working days of this email (sent on 05 September 2016), I will initiate the internal review procedure asking for the same action as this informal email.

Yours Sincerely,

S Marr

Brislen, Adam, Merseytravel

I am currently on annual leave and will be returning on Monday 12 September at 10am. I will deal with your email on my return however should the matter be urgent please contact Amy Bancale at [email address]

dangos adrannau a ddyfynnir

Henderson, Andrew, Merseytravel

Dear Sir/Madam

Thank you for your email.

While you have stated that you did not wish to lodge an official request for an internal review, as you have expressed dissatisfaction with Merseytravel's response to your original enquiry, it is appropriate for a review to be conducted.

As per Mr Brislen's Out of Office automated response, and as (to my knowledge) your email was not forwarded to another Merseytravel officer, your email was only received today. Merseytravel will therefore aim to complete its review within twenty working days of today's date, Monday 12th September.

Yours sincerely,

Andrew Henderson

Senior Information Management Officer | Merseytravel | Mann Island, PO Box 1976, Liverpool, L69 3HN
Office: 0151 330 1679 | Email: [email address]

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dangos adrannau a ddyfynnir

Henderson, Andrew, Merseytravel

1 Atodiad

Dear Sir/Madam

Further to your recent request made under the Freedom of Information Act, Merseytravel has now conducted an internal review of the response you received. As you have stated that your interest was in Schedule 5 of the MEL Agreement provided, which had been partially redacted, this review has focussed on whether these redactions were appropriate.

I note that in the response you received you were not provided with a refusal notice in accordance with Section 17 of the Act, which would have explained that the withheld information was viewed as exempt from disclosure in accordance with Section 43 of the Act due to the likely prejudice to the commercial interests of Merseyrail. I apologise for this error.

The version of the Agreement that you were provided with had been agreed as a suitable public version by Merseyrail and Merseytravel.

As a result of discussions between Merseyrail and Merseytravel, and having given due consideration to contents of the Department for Transport’s register of rail passenger franchise agreements, it has been agreed that Schedule 5 can be disclosed without any redactions. Please find this attached.

I trust that this satisfies your request, but if you are not content with the result of your internal review, you have the right to complain to the Information Commissioner, whose address is
The Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF
www.ico.gov.uk

Yours sincerely,

Andy Henderson

Senior Information Management Officer | Merseytravel | Mann Island, PO Box 1976, Liverpool, L69 3HN
Office: 0151 330 1679 | Email: [email address]

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dangos adrannau a ddyfynnir

Dear Henderson, Andrew,

Thank you for your prompt response, prompt and reasoned review and final response.

Yours sincerely,

S Marr