Agreement between: Liverpool City Region / RMT / Merseyrail Electrics

The request was successful.

Dear Liverpool City Region Combined Authority,

I would like to request a copy of the agreement dated 31st August 2018 as referred to within a meeting of the 'Liverpool City Region Combined Authority' held on the 21st September 2018 / Agenda Item 5 / Page 11 / 3.10 .

Yours faithfully,
Michael Bradley

FOI CA, Liverpool City Region Combined Authority

Dear Mr Bradley

LFS/AH/RSN18452

Thank you for your email, which has been received by the Liverpool City Region Combined Authority.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 / Environmental Information Regulations 2004 and will be answered within twenty working days.

If you have any queries about this request do not hesitate to contact me. Please quote the reference number above in any future communications.

Kind regards,

Andy Henderson

Senior Information Management Officer | Merseytravel | Mann Island, PO Box 1976, Liverpool, L69 3HN
Office: 0151 330 1679 | Email: [email address]

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FOI CA, Liverpool City Region Combined Authority

1 Attachment

Dear Mr Bradley

LFS/AH/RSN18452

Thank you for your recent request made under the Freedom of Information Act 2000.

Please find attached a copy of the 31st August 2018 Memorandum of Understanding between the Liverpool City Region Combined Authority, Merseyrail and the RMT.

The Combined Authority views some elements of the Memorandum of Understanding as potentially commercially sensitive, and must give consideration to Section 43 of the Act. Section 43 is a qualified, prejudice-based exemption, and is therefore subject to a public interest test. The Information Commissioner’s Office has issued guidance on Section 43, which can be viewed on their website at this link: https://ico.org.uk/for-organisations/gui....

The public interest argument for disclosure is that it allows a greater degree of scrutiny over how the new Rolling Stock project will be delivered, while contributing to transparency over how decisions have been reached. It is important that public authorities allow their decisions to be scrutinised by the public to ensure that funds are managed appropriately, especially in cases such as this that involve large sums of investment. It is also acknowledged that both Merseyrail customers and staff have been affected by the service disruptions that have occurred, and there is therefore an understandable interest in knowing how the issues are being resolved.

The public interest factors to withhold the information relate to the prejudicial impact that the disclosure would have on the commercial interests of the parties involved. Disclosure under the Act is viewed as to the world at large, not simply to the individual requester, and consideration must therefore be given to how it may be used by any party.

In this particular case, while an agreement was reached between the parties in relation to a second member of staff on board the new trains, discussions are ongoing in relation to how this will be delivered in practice. As the issue remains ‘live’, it is therefore imperative that no information is released that may negatively impact upon negotiations in order to mitigate the risk of any further disruptions to the Merseyrail service.

The public interest has, in our opinion, been sufficiently met by the joint statement released by the parties on 31st August 2018, which can be read on the Combined Authority, Merseyrail and RMT websites.

https://www.liverpoolcityregion-ca.gov.u...
https://www.merseyrail.org/news/joint-st...
https://www.rmt.org.uk/news/merseyrail-r...

In our opinion, the public interest lies in favour of withholding the small section of the attached Memorandum of Understanding in question.

In line with the Freedom of Information Code of Practice, issued under Section 45 of the Act, the Combined Authority has consulted with both the RMT and Merseyrail for their views on the disclosure of the document. Although the legal responsibility for determining what information is disclosed under the Act lies with the Combined Authority, all parties are in agreement with the redaction made.

I trust that the information supplied is of interest to you.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review, which should be addressed to:
Jill Coule
Chief Legal Officer / Monitoring Officer
Liverpool City Region Combined Authority
[email address]

If you are not content with the result of your internal review, you also have the right to complain to the Information Commissioner, whose address is
The Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF
www.ico.gov.uk

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review, which should be addressed to:
Jill Coule
Chief Legal Officer / Monitoring Officer
Liverpool City Region Combined Authority
[email address]

If you are not content with the result of your internal review, you also have the right to complain to the Information Commissioner, whose address is
The Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire SK9 5AF
www.ico.gov.uk

Andy Henderson

Senior Information Management Officer | Merseytravel | Mann Island, PO Box 1976, Liverpool, L69 3HN
Office: 0151 330 1679 | Email: [Liverpool City Region Combined Authority request email]

Please consider the environment before printing this e-mail.

The information supplied continues to be protected by copyright. You are free to use it for your own purposes, including for private study and non-commercial research and for any other purpose authorised by an exception in current copyright law. Documents (except photographs) can also be used in the UK without requiring permission for the purposes of news reporting.  Any other reuse, for example, commercial publication would require the permission of the copyright holder.
Dear Mr Bradley

LFS/AH/RSN18452

Thank you for your email, which has been received by the Liverpool City Region Combined Authority.

Your request is being dealt with under the terms of the Freedom of Information Act 2000 / Environmental Information Regulations 2004 and will be answered within twenty working days.

If you have any queries about this request do not hesitate to contact me. Please quote the reference number above in any future communications.

Kind regards,

Andy Henderson

Senior Information Management Officer | Merseytravel | Mann Island, PO Box 1976, Liverpool, L69 3HN
Office: 0151 330 1679 | Email: [email address]

Please consider the environment before printing this e-mail.

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Dear Mr Henderson,

Thank you for your response and for providing the requested information.

Yours faithfully,
MBradley