Mr Mark Killiner
Deputy Head of Correspondence
Department for Transport
Great Minster House
33 Horseferry Road
Web Site: www.gov.uk/dft
Mr Neal Dodge
Our Ref: F0017979
[By email: email@example.com]
12 November 2019
Dear Mr Dodge, Freedom of Information Act Request – F0017979
Thank you for your Freedom of Information (FOI) request of 30 October 2019, in which you
requested the following information:
‘Under the freedom of information act I would like to request the following
information relating solely to the cascade or transfer of the Class 170 diesel multiple
units from Greater Anglia, the current holder of the East Anglian rail franchise, that
commenced in the last few months.
-Any documents or parts of documents produced by the department -Any
correspondence, including records of internal meetings and emails between
members of the department; -Any correspondence, including records of meetings
and emails between members of the department and staff of external organisations
including but not limited to Greater Anglia, Transport for Wales, Transport for Wales
Rail Services, the Office of Rail & Road, and Porterbrook.’
Your request has been considered under the FOI Act 2000 and the Department has
completed its search for information. We can confirm that we do hold information relevant
to your request. Please find in Annex A
to this letter a copy of a departmental email which
falls within the scope of your request. Please find attached to this reply, the document
(191024-DfT 2233-AEA-FINAL Consent Letter)
referred to in the afore-mentioned email,
which also falls within the scope of your request.
The names and direct contact details of DfT junior officials (that is staff below the senior
civil servant grade) and those of external stakeholders have been redacted from the
attached information in reliance on the third party personal information exemption at
section 40(2)&(3) of the FOI Act 2000 (see Annex B
for the full text of the exemption).
These individuals are not in public facing roles and therefore have a reasonable
expectation that their names and direct contact details will not be placed into the public
domain. To do so would be unfair and would contravene current data protection legislation.
Section 40 is an absolute exemption so does not require a public interest test.
If you are unhappy with the way the DfT 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 DfT’s FOI Advice Team at:
Sedlescombe Road North
East Sussex TN37 7GA
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 Mark Killiner
Deputy Head of Correspondence
Passenger Services, Rail Group 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
Extract of departmental email regarding the letter of consent attached to this FOI response
Please see the attached letter of consent from the Department in relation to the 7 x 3 car
Class 170 Units and the 1 x 2 car Class 170 Unit.
Can you please send me a an electronic copy of the executed sub-lease.
| Rolling Stock Policy & Contracts Adviser, Rolling Stock Policy and Contracts, Department for
Post to: Great Minster Hse, 33 Horseferry Rd, London, SW1P 4DR From:
24 October 2019 09:26 To:
Rolling Stock Lease - Keolis Amey and AEA
Please see attached revised draft of the Sub-Lease, together with a comparison showing
changes against the version circulated by Ashurst yesterday evening.
This has been circulated to all parties at the same time and is subject to AEA’s further review and comment.
The ‘nearly there sub-lease’ will be required to sign tomorrow. Apologies for the late advice on this, which
has been amended 5 times already this week to get where we are now. This is an update to the previous
Head of Franchise Management and Development Mobile:
One Stratford Place
Greater Anglia - Investing to Improve
Holder of European Foundation for Quality Management (EFQM) Recognised for Excellence Five Star rating
Standard ISO9001 and winner of Rail Business Award for Integrated Transport Excellence; Rail Innovation
Award for Cross
Industry Partnership and National Transport Award for Major station of the Year.
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Extract – Section 40 Personal Information Exemption.
(2) Any information to which a request for information relates is also exempt information
(a) it constitutes personal data which does not fall within subsection (1), and
(b) the first, second or third condition below is satisfied.
(3A) The first condition is that the disclosure of the information to a member of the public
otherwise than under this Act—
(a) would contravene any of the data protection principles, or
(b) would do so if the exemptions in section 24(1) of the Data Protection Act 2018 (manual
unstructured data held by public authorities) were disregarded.
(3B) The second condition is that the disclosure of the information to a member of the
public otherwise than under this Act would contravene Article 21 of the GDPR (general
processing: right to object to processing).
(4A) The third condition is that—
(a) on a request under Article 15(1) of the GDPR (general processing: right of access by
the data subject) for access to personal data, the information would be withheld in reliance
on provision made by or under section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data
Protection Act 2018, or
(b) on a request under section 45(1)(b) of that Act (law enforcement processing: right of
access by the data subject), the information would be withheld in reliance on subsection
(4) of that section.