Property holdings in Pension Fund

Roedd y cais yn llwyddiannus.

Dear Cumbria County Council,

I would like to request the following information:

1) The full details of what real estate assets the Pension Fund currently invests in, including the name and amounts of each type of real estate asset or investment being held.

This information should be broken down into the different
categories, including:
- Listed Real Estate securities;
Unlisted/Private Real Estate Property Funds/vehicles, companies or CIS;
- Directly held properties ; and
- (listed/unlisted) Real Estate Debt Funds/vehicles.

In the case of any unlisted real estate vehicles or real estate debt vehicles, the domicile of the underlying assets should be included.

A full list of all the companies, vehicles, CIS etc in which the Pension Fund invests in or has an outstanding commitment to should be covered in the above question. This list should include the names of each company and the amount invested in each company etc.

2) The current yields of the different investments the pension fund holds.

3) Can you clearly specify the total value of all real estate investments that the Pension Fund holds.

4) I would like to receive this information in an unlocked excel sheet without protected cells (.xls). If you have to password protect the excel sheet, please can you also provide the password to the excel
sheet.
5) Please supply a copy of the Pension Scheme’s latest Statement of Investment Principles and most recent Pension Fund Report & Accounts.
I would like to receive the information in electronic format if possible. If one part of the request can be answered sooner than others, please send that information first followed by any subsequent data. If you need further clarification, please contact me by email.

Many public authorities release their contracts, minutes and other information of interactions with private vendors in line with the Freedom of Information Act. The exemption for commercial interest
under the Act (section 43) is a qualified exemption, which means information can only be withheld if it is in the public's interest.
The public have an interest in knowing what the Pension Fund is investing in, the terms of contracts and the minutes of meeting with public authorities, whether or not public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of confidence) then I would like to know the following:

* When these confidentially agreements were agreed
* All correspondence and email in which these confidentiality agreements were discussed
* The precise wording of the confidentiality agreements.

I ask these questions because guidance issued by both the Lord Chancellor (draft guidance on FOI implementation) and the Office of Government Commerce (Model terms and conditions for goods and services) specifically state that public authorities should not enter into these types of agreements; they go directly against the spirit of the laws of disclosure. I would also point to the
Information Commissioner's guidance on accepting blanket commercial confidentiality agreements: 'Unless confidentiality clauses are necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.'(i)

Finally, within the law of confidence there is also a public interest test. Therefore, the information should be disclosed in full. If any parts are redacted they must be for information that can be proven to be a legal breach of confidence in court, and only then where secrecy can be shown to be in the public interest. These are difficult positions to argue when public money is at stake or where a public authority is offering a private company a monopoly to charge its stakeholders.

I reserve the right to appeal your decision to withhold any information or to charge excessive fees, and understand that under the act, I am entitled to a response within 20 working days. I would be grateful if you could confirm in writing that you have received this request.

Yours faithfully,

Samuel Hall

Information Governance, Cumbria County Council

Dear Mr Hall

 

FREEDOM OF INFORMATION ACT 2000

ENVIRONMENTAL INFORMATION REGULATIONS 2004

REFERENCE: IG 01273

 

Thank you for your request for information regarding pension investments,
which was received on 22 January 2019.

 

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 19 February 2019. 
Subject to the information not being exempt or containing any references
to third parties.

 

The council will, as a matter of routine make information available in
electronic format.  Where it is not practical to do this information will
be provided in hard copy (paper).  If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

 

The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 define a number of exemptions/exceptions which may
prevent information being released to you automatically.  The council will
make an assessment about the application of any exemptions/exceptions and
issue you with a decision letter, which will include details of your right
to appeal.

 

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

 

In accordance with the council’s [1]Charging Policy a fee may be charged
for supplying information.  If a fee is payable you will be issued with a
fees notice.  The applicable fee must be paid in full before the
information is processed and released.  The statutory time limit for
responses is suspended until the council has received and processed your
payment.  If payment is not received within three months of issuing the
fees notice your request will be closed.

 

If you have any queries or concerns about this email then please contact:

 

Information Governance Team

Corporate, Customer & Community Services

Cumbria County Council, Cumbria House, 117 Botchergate, Carlisle, CA1 1RD

Email: [2][Cumbria County Council request email]

Telephone: 01228 221234

This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
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References

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2. mailto:[Cumbria County Council request email]

Information Governance, Cumbria County Council

2 Atodiad

Dear Sam

 

FREEDOM OF INFORMATION ACT 2000 / ENVIRONMENTAL INFORMATION REGULATIONS
2004

REFERENCE: IG 01273

 

Please see attached for a response to your request for information.

 

Yours sincerely

 

Anita

 

Anita Timperon

Information Governance Team

Corporate, Customer and Community Services • Cumbria County Council

Cumbria House • 117 Botchergate • Carlisle • CA1 1RD

E: [1][Cumbria County Council request email]

T: 01228 221234

 

 

 

 

This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
and outgoing emails may be monitored in line with current legislation. All
copies of the message received in error should be destroyed. Any views or
opinions expressed are solely those of the original author. This email
message has been scanned for viruses, and declared to be virus free at the
point of exit from Cumbria County Council's network.
http://www.cumbria.gov.uk/_

References

Visible links
1. mailto:[Cumbria County Council request email]