SDA Secretariat
xxxxxxxxxxxxxxxxxx@xxx.xxx.xx
Maple 0a #2043
Jenner & Block LLP
MOD Abbey Wood
Request-522285-
Bristol BS34 8JH
xxxxxxxx@xxxxxxxxxxxxxx.xxx
12 December 2018
Our Reference: FOI2018/12099
Jenner & Block LLP
Request for Information under the Freedom of Information Act (FOIA) 2000
Thank you for your email of 27 September 2018 to the Ministry of Defence (MOD). I am now able to
provide you with a substantive response to your Freedom of Information (FOI) request, in which you
requested the following information:
Please provide an unredacted copy of the ToBA between SoS for Defence and Babcock
International Group plc et al dated 2010.
I can confirm that we hold information that falls within the scope of your request. However, certain
exemptions of the FOI Act are assessed to apply to some of the information you have requested and
as such has been redacted. The relevant exemptions are the absolute exemption under Section
40(2) (personal Information) and the qualified exemption Section 43(2) (Commercial Sensitivity).
Section 43(2) of the Act, under which information is exempt if its release has the potential to
prejudice the commercial interests of any person, is also believed to apply to some information. This
is also a qualified exemption, and a summary of the public interest arguments considered regarding
the use of this exemption are shown below.
A major public interest factor in favour of the release of detailed financial information in the document
is that its release would improve the accountability for whether value for money is being obtained for
taxpayers and whether effective contractual processes are in place. Furthermore, the release of both
high-level and detailed information would allow a greater understanding of how the MOD plans its
spending and how the different elements of a programme fit together over a long period.
In addition, there is likely to be public interest in knowing what roles Babcock wil be carrying out
within the maritime sector, and in knowing the mechanisms in the contract for incentivising Babcock
to meet, or exceed, its contractual commitments.
Parts of this information, however, relate to bespoke clauses that are unique to these documents,
and as such their release could prejudice future commercial competitions. Equal y, the document
contains bespoke clauses provided by Babcock that are unique to this contract, the release of which
would be likely to prejudice their future negotiating position.
In addition, the release of detailed information relating to the financial workings of Babcock, and the
methodology for calculating their charging rates, would prejudice their ability to compete in a
commercial environment.
1
Submarine Delivery Agency
Under Section 16 of the FOI Act – duty to provide advice and assistance, I can confirm that the
document you have requested can be found at the following link, and has been redacted where
information is exempt.
https://www.gov.uk/government/publications/babcock-terms-of-business-agreement
If you have any queries regarding the content of this letter, please contact this office in the first
instance. If you wish to complain about the handling of your request, or the content of this response,
you can request an independent internal review by contacting the Information Rights Compliance
team, Ground Floor, MOD Main Building, Whitehall, SW1A 2HB (e-mail xxxxxxxxxx@xxx.xxx.xx).
Please note that any request for an internal review should be made within 40 working days of the
date of this response.
If you remain dissatisfied following an internal review, you may raise your complaint directly to the
Information Commissioner under the provisions of Section 50 of the FOIA. Please note that the
Information Commissioner wil not normally investigate your case until the MOD internal review
process has been completed. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Further details
of the role and powers of the Information Commissioner can be found on the Commissioner's
website at
https://ico.org.uk/. Yours sincerely
SDA Secretariat
2
Submarine Delivery Agency