Mr Steven Burton
Senior Correspondence Manager
Department for Transport
Great Minster House
33 Horseferry Road
London
SW1P 4DR
Web Site: www.gov.uk/dft
Mr Glynn Magheramorne
Our Ref: F0018569
[By email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx]
10 July 2020
Dear Mr Magheramorne,
Freedom of Information Act Request – F0018569
Thank you for your Freedom of Information (FOI) request of 14 June 2020. You requested
the following information:
‘Can you detail any relevant correspondence between yourselves and either
Northern Rail / LNER regarding the following matters related to the Covid 19
response please:
- The procurement of seat coverings by Northern, showing seats not in use.
- The decision by LNER to close toilet facilities at major stations, which resulted in
no handwashing facilities, denying passengers the ability to comply with
Government guidance to wash hands regularly
- The decision by LNER to make their trains reservation compulsory; in particular
any information regarding an end date or reviews scheduled to take place, and
confirmation that this change is only temporary.
If no information is held, it will be assumed that these companies did not consult
with DfT and made these decisions unilaterally.’
I am writing to let you know that your request has been considered under the FOI Act 2000
and that the Department has completed its search for the information. I can confirm that
the Department does hold information which falls within the scope of your request.
Please find attached correspondence between the Department and LNER and the
Department and NTL which falls within the scope of your request. The names and direct
contact details of the Department’s 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 A 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.
Information contained in the attached correspondence which does not fall within the scope
of your request has also been redacted.
The Department permitted certain operators to implement mandatory reservation
requirements during the COVID-19 outbreak as a way of managing social distancing on
board their trains. There are particular benefits to this over alternative approaches for long
distance operators, because it can help to prevent queues from forming at stations, it
protects the ability to travel for passengers at intermediate stations, and it can enable
passengers to plan ahead effectively by being certain of which trains they will be able to
use. It is a temporary measure which will be subject to review every two months.
The Department does not hold information in regard to toilet closures.
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 email to the Department’s FOI Advice Team at:
E-mail: xxxxxxxxxxxxxxxxxxx@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 the Department’s complaints procedure and your right to
complain to the Information Commissioner.
Yours sincerely
Steven Burton
Senior Correspondence Manager – Passenger Services
Your right to complain to the Department 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 the Department 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
Extract – Section 40 Personal Information Exemption.
(2) Any information to which a request for information relates is also exempt information
if—
(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.