British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
A Willmore
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 8 January 2020
Dear A Willmore,
Freedom of Information request – RFI20191994
Thank you for your request to the BBC of 9 December 2019 seeking the following
information under the Freedom of Information Act 2000:
1) “How much did the tree cost to buy?
2) How much did the tree cost to install?
3) How much did the tree cost to decorate?”
Costs and logistics associated with the tree are covered by the BBC’s overall contract with
our third party supplier Interserve, therefore we are unable to supply costs or logistic details
on this specific work.
“4) How much did it cost to have the tree removed?
5) What happened to the decorations?
6) On the basis that the tree was delivered to its location by specialist staff and
equipment, why could the tree not have been moved to an alternative location
using the same specialist staff and equipment?
7) While not wishing you to disclose security details, in general terms why, if that is
indeed the case, was the tree considered to be a security risk?
8) Under which section of the Health & Safety At Work Act 1974 did the BBC
consider, if that is indeed the case, the tree to be unsafe?
9) Which BBC department decided the tree's location?
10) Which BBC department ordered the tree's removal?
The tree was removed due to filming activity on the piazza at New Broadcasting House for
the BBC’s election coverage. Removal of the tree was associated with the needs of BBC’s
election coverage. Therefore, the information you have requested is excluded from the Act
because it is held for the purposes of ‘journalism, art or literature.’ The BBC is therefore not
obliged to provide this information to you and wil not be doing so on this occasion. Part VI
link to page 2
of Schedule 1 to FOIA provides that information held by the BBC and the other public service
broadcasters is only covered by the Act if it is held for ‘purposes
other than those of
journalism, art or literature’. The BBC is not required to supply information held for the
purposes of creating the BBC’s output or information that supports and is closely associated
with these creative activities
1. The limited application of the Act to public service broadcasters was to protect freedom of
expression and the rights of the media under Article 10 European Convention on Human
Rights (“ECHR”). The BBC, as a media organisation, is under a duty to impart information and
ideas on al matters of public interest and the importance of this function has been recognised
by the European Court of Human Rights. Maintaining our editorial independence is a crucial
factor in enabling the media to fulfil this function.
However, we can explain that the requirements of the election coverage, which included
analysing the election results on a giant constituency map of the UK in the piazza, were not
confirmed until the tree was already in place.
Options to relocate the tree or store it elsewhere were explored, but these would have
incurred significant additional costs due to the size of the tree. The tree was removed at no
extra cost to the BBC.
“11) How much will purchase, installation and decoration of the replacement tree
cost?”
The tree was not replaced as this would have incurred additional costs.
12) And finally, please provide an electronic copy of the Risk Assessment(s) relating
to the original tree's installation, decoration and removal.”
Risk assessment information is not held by the BBC and is instead carried out by Interserve.
Appeal Rights
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser if the requested
information is covered by the Act. Please contact us at the address above, explaining what
you would like us to review and including your reference number. A request for an internal
review must be made within 40 working days of receiving the BBC’s response to your original
request. If you are not satisfied with the internal review, you can appeal to the Information
Commissioner.
1 For more information about how the Act applies to the BBC please see the enclosure which fol ows this
letter. Please note that this guidance is not intended to be a comprehensive legal interpretation of how the Act
applies to the BBC.
2

Please note that an internal review is not offered if the information is within the scope of the
act (i.e. questions 4 to 10). However you have the option of complaining to the ICO.
The contact details of the Information Commissioner are: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, Tel: 0303 123 1113 or see
https://ico.org.uk/. Yours sincerely,
Information Rights BBC Freedom of Information
BC2 A4, Broadcast Centre
201 Wood Lane
London W12 7TP
3