Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR
Tel: 0300 330 3000
Web Site: www.gov.uk/dft
Mr Joe Rukin
[By email: request-261592-
Our Ref: F0012243
xxxxxxxx@xxxxxxxxxxxxxx.xxx]
12 June 2015
Dear Mr Rukin,
Freedom of Information Act Request – F0012243
I am writing regarding your request for information, which I received on 1st April 2015. In that request,
you asked us for:
“All details, documents and correspondence HS2 Ltd have relating to all opinion polls
conducted or commissioned since May 2013 on the behalf of HS2 Ltd or the DfT relating to
HS2”.
We have assumed that when you say “correspondence HS2 Ltd have” you actually mean the
Department for Transport (DfT).
I should explain that in answering your request, we have focussed on those members of DfT staff who
have been most closely connected with HS2 Ltd on the opinion research. A more extensive search
would certainly have meant that we would have been unable to answer your request on grounds of
cost. Section 12 of the Freedom of Information Act provides that a public authority is not obliged to
comply with a request for information if the authority estimates that the cost of complying with the
request would exceed the appropriate limit.
I also note that in your email of 30 April, you stated that you consider that your request falls under
the Environmental Information Regulations (EIR). However, the information you requested concerns
opinion research and we do not consider that it falls within the definition of “environmental
information” in Reg. 2 EIR. For that reason we have continued to consider your request under the
Freedom of Information Act.
As you will recall, we wrote to you on 29 April, explaining that we needed to extend the timeline for
our response by 20 working days in order to carry out the public interest test. At the conclusion of the
additional 20 working days, we wrote to you again (on 1 June), explaining that we required a further
extension of 10 working days to conclude the public interest test assessment.
I do of course regret that we have needed these extensions to the original response deadline. I also
note the views expressed in your email of 29 April 2015. However, when we consider that a qualified
exemption applies to information you are requesting, it is necessary for the public interest test to be
carried out before a response can be provided to your request. We do, of course, aim to make all
decisions within 20 working days wherever possible.
However, I can now confirm that the public interest test considerations have been completed and I
can provide the following response.
As we confirmed in our letter of 29 April, the Department does hold information relevant to your
request, consisting of a number of documents and emails exchanged in the time frame specified. Copies
of seven emails dated 16 October 2013, 6 November 2013, 7 and 10 February 2014, 4 November 2014,
and 10 December 2014 are being disclosed with this reply at Annex B. Note that we have redacted the
names of officials who are not member of the Senior Civil Service.
The remaining information is being withheld as we have engaged the exemption section 35(1)(a) -
formulation or development of government policy; and 40(2)&(3) – third party personal information.
Section 35(1)(a) is a qualified exemption, which means we are required to balance the public interest in
disclosing the information against the public interest in withholding it. The attached Annex A to this
letter sets out the exemption in full and the public interest test arguments for and against disclosure and
details why the public interest test favours withholding the information.
If you are unhappy with the way the Department has handled your request or with the decisions made
in relation to your request you may complain within two calendar months of the date of this letter by
writing to the Department’s FOI Advice Team at:
Zone D/04
Ashdown House
Sedlescombe Road North
Hastings
East Sussex TN37 7GA
E-mail: xxxxxxxxxxxxxxxxxxx@xxx.xxx.xxx.xx
Please send or copy any follow-up correspondence relating to this request to the FOI Advice Team to
help ensure that it receives prompt attention. Please also remember to quote the reference number
above in any future communications.
Please see attached details of DfT’s complaints procedure and your right to complain to the Information
Commissioner.
Yours sincerely,
Meera Nayyar
Your right to complain to DfT and the Information Commissioner
You have the right to complain within two calendar months of the date of this letter about the way
in which your request for information was handled and/or about the decision not to disclose all or
part of the information requested. In addition a complaint can be made that DfT has not complied
with its FOI publication scheme.
Your complaint will be acknowledged and you will be advised of a target date by which to expect a
response. Initially your complaint will be re-considered by the official who dealt with your request for
information. If, after careful consideration, that official decides that his/her decision was correct, your
complaint will automatically be referred to a senior independent official who will conduct a further
review. You will be advised of the outcome of your complaint and if a decision is taken to disclose
information originally withheld this will be done as soon as possible.
If you are not content with the outcome of the internal review, you have the right to apply directly
to the Information Commissioner for a decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Annex A
Public Interest Test
PUBLIC INTEREST TEST APPLIED TO F0012243: DETAILS, DOCUMENTS AND CORRESPONDENCE HS2 LTD
HAVE RELATING TO ALL OPINION POLLS CONDUCTED OR COMISSIONED SINCE MAY 2013 ON THE
BEHALF OF HS2 LTD OR THE DFT RELATING TO HS2.
Exemption in full
35
Formulation of government policy, etc
(1) Information held by a government department or by [the Welsh Assembly Government] is
exempt information if it relates to—
(a) the formulation or development of government policy,
(b) Ministerial communications,
(c) the provision of advice by any of the Law Officers or any request for the provision of such
advice, or
(d) the operation of any Ministerial private office.
(2) Once a decision as to government policy has been taken, any statistical information used to
provide an informed background to the taking of the decision is not to be regarded—
(
a) for the purposes of subsection (1)(a), as relating to the formulation or development of
government policy, or
(b) for the purposes of subsection (1)(b), as relating to Ministerial communications.
(3) The duty to confirm or deny does not arise in relation to information which is (or if it were
held by the public authority would be) exempt information by virtue of subsection (1).
(4) In making any determination required by section 2(1)(b) or (2)(b) in relation to information
which is exempt information by virtue of subsection (1)(a), regard shall be had to the particular
public interest in the disclosure of factual information which has been used, or is intended to be
used, to provide an informed background to decision-taking.
(5) In this section—
“government policy” includes the policy of the Executive Committee of the Northern Ireland
Assembly and the policy of [the Welsh Assembly Government];
“the Law Officers” means the Attorney General, the Solicitor General, the Advocate General for
Scotland, the Lord Advocate, the Solicitor General for Scotland[, the Counsel General to the Welsh
Assembly Government] and the Attorney General for Northern Ireland;
“Ministerial communications” means any communications—
(a
) between Ministers of the Crown,
(b) between Northern Ireland Ministers, including Northern Ireland junior Ministers, or
[(c) between members of the Welsh Assembly Government],
and includes, in particular, proceedings of the Cabinet or of any committee of the Cabinet,
proceedings of the Executive Committee of the Northern Ireland Assembly, and proceedings of
[the Cabinet or any committee of the Cabinet of the Welsh Assembly Government];
“Ministerial private office” means any part of a government department which provides personal
administrative support to a Minister of the Crown, to a Northern Ireland Minister or a Northern
Ireland junior Minister or [any part of the administration of the Welsh Assembly Government
providing personal administrative support to the members of the Welsh Assembly Government];
“Northern Ireland junior Minister” means a member of the Northern Ireland Assembly appointed
as a junior Minister und
er section 19 of the Northern Ireland Act 1998.
Public interest test factors for disclosure
Public interest test factors against disclosure
There is a clear public interest in the information Disclosure of information linked to the
relating to the formulation and development of formulation and development of government
Government policy surrounding Hs2. The policy would compromise the safe space within
Department should be open, honest and which ministers and officials can freely consider
transparent which allows the public to scrutinise policy options. Well thought out and well
the department’s actions and see public money is considered policy in its formulation stage is likely
being used effectively.
to result in the effective use of public money.
Premature disclosure would compromise this
The Department supports the publication of
process and the good and effective use of
research to make the results available to a wide taxpayer’s money.
range of audiences including other researchers,
academics, interest groups and the general
Disclosure of information linked to the
public in line with the requirements of the
formulation and development of government
Departmental publication scheme. Publication
policy ahead of decisions being made may lead to
also serves to meet many of the principles
misinterpretation of information or the
under wider government research guidelines.
misleading of the public into thinking decisions
have been made. This carries a risk of
Disclosure of information linked to the
unnecessarily blighting areas and again may have
formulation and development of Government
potentially negative implications for taxpayers
policy would contribute to the Government’s
and individuals living along or near the line of
wider transparency agenda. Greater
route.
transparency of the polling information makes
Government more accountable to the
Disclosure of information linked to the
electorate and increases trust that the
formulation of policy, for both Phase One and
Department is working effectively.
Phase Two of the programme, would
compromise the ability of ministers and officials
to conduct candid risk assessments of the
programme and the pros/cons of the policy. This
carries the risk better options are closed off as a
result of premature disclosure.
Advice should be broad based and there may be
a deterrent effect on both external experts and
companies who might be reluctant to provide
their advice and services in the event that it is
disclosed.
Decision
As part of the consideration process, details, documents and correspondence for both Phase One
and Phase Two of the programme were considered separately due to being at different stages of
the decision making process. However after due consideration, section 35 1 (a) would be
applicable to all material.
Whilst it is recognised that conditional decisions have been taken for Phase One, the hybrid Bill
is still progressing through the Select Committee and is awaiting Royal Assent. Therefore the
entire policy is still being formulated in that it is subject to change as requested by the Select
Committee and prior to Royal Assent. Phase Two decisions are yet to be taken and therefore also
would be exempt according to section 35 1 a.
On balance the public interest arguments for withholding the information outweigh those for
disclosure. The overall effect of releasing information linked to the formulation and development of
policy for HS2, would compromise the space within which ministers and officials are able to discuss
policy options and delivery, freely and frankly. To ensure that taxpayer’s money is used well and
effectively, the preservation of that safe space during the formulation and development phase is
paramount in this instance.
Annex B
Item 1
From: David Prout
Sent: Tuesday, 2 December 2014 17:58
To: xxx
Cc: xxx; Jonathan Sharrock; xxx; xxx, xxx
Subject: further to the IPSOS Mori presentation
Will do. We've already asked for something similar from the company, as there's a question about
publishing.
We'll chase so gets done before Xmas.
xxx
From: David Prout
Sent: Tuesday, 2 December 2014 17:58
To: xxx
Cc: xxx; Jonathan Sharrock; xxx; xxx; xxx
Subject: further to the IPSOS Mori presentation
xxx, there is some good news in the IPSOS Mori work. It would be good if the SoS could drop a short
note with some good graphics and an easy to understand story to let them know about progress since
this time last year xxx.
Could you and xxx do a first draft for me and xxx to look at, please. D
David Prout
Director General for High Speed 2
Great Minster House
33 Horseferry Road
London SW1P 4DR
Item 2
From: xxx
Sent: Friday, 7 February 2014 17:15
To: xxx, Wendy Fielder
Subject: Latest Firefish/Ipsos Mori polling
xxx/Wendy
xxx may have already briefed you, but just wanted to let you know I went to the briefings on the latest
Firefish/Ipsos Mori HS2 polling on Weds so let me know if you want a read out next week.
Unfortunately the slides are only available in hard copy (xxx – don’t forget, copy in 5L filing cabinet!) so
I can’t circulate anything.
xxx
Item 3
From: xxx
Sent: Tuesday, 4 November 2014 18:15
To: xxx,
Subject: Latest polling
Hi xxx
Are the Sept polling figures in yet? I could really do with getting hold of them this week.
xxx
xxx
Item 4
From: xxx
Sent: Monday, 10 February 2014 11:27
To: xxx,
CC: xxx xxx
Subject: RE: 2nd Wave Polling Data
Thanks, xxx. I’m getting hold of the material that emerged last week. And we’ll sort a briefing idc.
xxx
xxx
xxx
xxx
xxx
xxx
From:xxx
Sent:07February201415:04
To:xxx
Cc:xxxxxxx
Subject: 2nd wave polling data
Hi xxx,
Welcome back! There don’t seem to be any arrangement in place for the Directors to see the output
from the second wave of polling data. Please could you let me know how this data is going to be fed
back to them? It has cropped up because of a milestone in the hub.
Thanks
xxx
Item 5
From: xxx
Sent: 16 October 2013 17:38
To: xxx; xxx; xxx
Subject: RE Latest HS2 polling
No, 'fraid not.
-----Original Message-----
From: xxx
Sent: 16 October 2013 17:30
To: xxx; xxx; xxx
Subject: Latest HS2 polling
Hi - have you seen/got the results? xxx seems to have been rather selective in sharing....
Ta
xxx
Item 6
From:xxx
Sent:06November201313:33
To:xxx,xxx,xxx
Subject: RE: Polling
Thanks. We need to encourage xxx to share this routinely every time it comes in. It would good to know
whether it has shared this within HS2 Ltd. xxx certainly didn’t seem ware of it.
xxx
From:WendyFielder
Sent:06November201313:10
To:xxx,xxx,xxx
Subject: FW: Polling
Wendy Fielder
From:xxx Sent:25October201312:56
To:WendyFielder
Subject: Polling
Hi Wendy,
xxx requested I send this to you.
Kind regards,
xxx
Item 7
From:xxx
Sent:10December201417:04
To:xxx
Subject: Polling sub - first draft
xxx - Can I get your feedback on this tomorrow? I’m not about much in the second half of next week so
need to get finalised sooner rather than later. xxx
..
From:xxx
Sent:08December201417:12
To:xxx
Subject: Polling sub - first draft
Hi xxx
This still needs a little work, but wanted your thoughts on whether the attached is along the right lines.
Have also included the annexes so you can see the full suite of what I’m proposing to give the SoS.
This will need to go to xxx next to check, then DP and xxx.
Grateful for your thoughts.
xxx
xxx
xxx