Dear Sir/Madam,

As required under the Freedom of Information Act 2000, please provide within 20 working days:

1) The amount of money and man-hours provided by the British
Council to the Clockenflap music and arts festival held in Hong Kong in December 2013.

2) Copies of any correspondence you had with the organisers of the above festival, and any internal or external correspondence leading to the decision to become involved in the festival.

I look forward to receiving the information as soon as is practicable.

Yours faithfully,

Guy Freeman

UK-FreedomfInformat, British Council

Thank you for your email to the British Council's Freedom of Information
team. If you have not received an acknowledgment within 3 working days,
your email may have been identified as spam and deleted. In this case,
please call our switchboard on +44 (0) 161 957 7000 and ask to speak to a
member of the Freedom of Information team.

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website: http://www.britishcouncil.org.

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Keogh, Lyndsey (British Council), British Council

Ref No: IKM/FOI/2013/90

 

16 December 2013

 

 

Dear Mr Freeman

 

Thank you for your email dated and received on 15 December 2013 to the
British Council.

 

Please note that your request is being dealt with under the terms of the
Freedom of Information Act 2000 and will be answered within 20 working
days (from the received date).

 

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

 

Yours Sincerely,               

 

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[1]www.britishcouncil.org |
[2]www.britishcouncil.org/freedom-of-information

 

 

show quoted sections

FOIenquiriesadmin, British Council

Ref No: IKM/FOI/2013/90

 

Dear Mr. Freeman,

 

Thank you for your email of 15th December 2013 requesting, under the
Freedom of Information Act 2000 (FOIA), information about the Clockenflap
festival.  Your email has been passed to me for reply.

 

We do hold information falling within the terms of your request, however
we need more time to consider your request.

 

I wish to advise you that the following exemption applies to the
information that you have requested:

 

S43 – Commercial interests.

 

Please be aware that under section 10 of the FOIA, we are obliged to
respond to requests promptly and, in any case, no later than 20 working
days after receiving your request.  When a qualified exemption applies to
the information and the public interest test is engaged, the FOIA allows
the time for response to be longer than 20 working days, and a full
response must be provided within such time as is reasonable in all
circumstances of the case. 

 

We do, of course, aim to make all decisions within 20 working days,
including in cases where we need to consider where the public interest
lies in respect of a request for exempt information. However, in this case
we have not yet reached a decision on where the balance of the public
interest lies.

 

We estimate that it will take an additional 10 working days to reach a
considered view on where the balance of the public interest lies. 
Therefore, we plan to let you have a response by 30^th January.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

 

If you have any questions, please feel free to contact me.  Please
remember to quote the reference number above in any future communications.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Freedom of Information Officer

British Council

10 Spring Gardens

London

SW1A 2BN

Email: [British Council request email]

 

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

 

Yours sincerely,

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[1]www.britishcouncil.org |
[2]www.britishcouncil.org/freedom-of-information

 

 

show quoted sections

Guy Freeman left an annotation ()

New self-imposed deadline of 30th January.

FOIenquiriesadmin, British Council

Ref No: IKM/FOI/2013/90

 

 

Dear Mr Freeman

 

I am writing to provide you with an update on our progress of your request
for information.

 

Unfortunately we will not be able to meet our estimated deadline of 30
January 2014 as we need more time to consider the public interest
arguments.

 

We will get back to you no later than 12 February 2014.

 

Kind regards

 

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[1]www.britishcouncil.org |
[2]www.britishcouncil.org/freedom-of-information

 

 

From: FOI enquiries admin
Sent: 15 January 2014 14:40
To: 'Guy Freeman'
Cc: FOI enquiries admin
Subject: RE: RE: Freedom of Information request - Clockenflap 2013
(IKM/FOI/2013/90)

 

Ref No: IKM/FOI/2013/90

 

Dear Mr. Freeman,

 

Thank you for your email of 15th December 2013 requesting, under the
Freedom of Information Act 2000 (FOIA), information about the Clockenflap
festival.  Your email has been passed to me for reply.

 

We do hold information falling within the terms of your request, however
we need more time to consider your request.

 

I wish to advise you that the following exemption applies to the
information that you have requested:

 

S43 – Commercial interests.

 

Please be aware that under section 10 of the FOIA, we are obliged to
respond to requests promptly and, in any case, no later than 20 working
days after receiving your request.  When a qualified exemption applies to
the information and the public interest test is engaged, the FOIA allows
the time for response to be longer than 20 working days, and a full
response must be provided within such time as is reasonable in all
circumstances of the case. 

 

We do, of course, aim to make all decisions within 20 working days,
including in cases where we need to consider where the public interest
lies in respect of a request for exempt information. However, in this case
we have not yet reached a decision on where the balance of the public
interest lies.

 

We estimate that it will take an additional 10 working days to reach a
considered view on where the balance of the public interest lies. 
Therefore, we plan to let you have a response by 30^th January.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

 

If you have any questions, please feel free to contact me.  Please
remember to quote the reference number above in any future communications.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Freedom of Information Officer

British Council

10 Spring Gardens

London

SW1A 2BN

Email: [3][British Council request email]

 

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

 

Yours sincerely,

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[4]www.britishcouncil.org |
[5]www.britishcouncil.org/freedom-of-information

 

 

show quoted sections

FOIenquiriesadmin, British Council

4 Attachments

Case Reference: IKM/FOI/2013/90

 

 

11 February 2014

 

 

Dear Mr Freeman

 

Thank you for your request for information dated 15 December 2013
concerning British Council’s involvement in the 2013 Clockenflap festival.
Your request has been handled under the terms of the Freedom of
Information Act (FOIA) 2000 and has been passed to me for reply.

 

I can confirm, under section 1 (1) (a) of the FOIA, that the British
Council does hold some, but not all, of the information you have
requested.

 

For your ease of reference, I have restated your questions below in bold
and have provided our response beneath each question.

 

1) The amount of money and man-hours provided by the British Council to
the Clockenflap music and arts festival held in Hong Kong in December
2013.

 

British Council did not provide any financial support to the 2013
Clockenflap festival in 2013 and we do not keep a record of ‘man-hours’
therefore we do not hold that information.

 

 

2) Copies of any correspondence you had with the organisers of the above
festival, and any internal or external correspondence leading to the
decision to become involved in the festival.

 

Please find attached the email correspondence, including attachments,
between British Council and the organisers of the 2013 Clockenflap
festival. As the files are quite big I cannot send them all at once
therefore I will send the correspondence with this email and the
attachements in a follow up email.

 

At this point we would like to make clear that the amount of sponsorship
money provided by UKTI, as detailed in the correspondence, was £15,000.
This was a contribution to the overall Hitchcock project series with
activities starting from August 2013 to January 2014. The Clockenflap
screening was one of the major events as indicated in the contract and we
committed to invest 150,000 HKD from UKTI’s sponsorship fee on the project
delivery.

 

Please note that we are withholding some of the information since the
exemptions, under section 40(2) (Personal information) and section 43(2)
(Commercial interests), of the Freedom of Information Act (FOIA) apply.

 

Section 40(2) provides that information relating to third parties is
exempt information if one of the conditions set out in section 40(3) is
satisfied. Under the FOIA disclosure of this information would breach the
fair processing principle contained in the Data Protection Act (DPA),
where it would be unfair to that person or if it is confidential.

 

We have redacted the names and email addresses of staff members at British
Council, Clockenflap and any other organisation where the individual is
not in a forward facing role as it would be unfair to disclose that
information. 

 

Section 40 is an absolute exemption therefore is not subject to the public
interest test.

 

Section 43(2) allows a public authority to withhold information where it
would, or would be likely to, prejudice the commercial interests of any
person (including the public authority holding it).

 

If we were to release some of the financial details from within the
correspondence it is likely to have an effect on the organisers of the
Clockenflap festival and their ability to participate in commercial
activity.

 

The exemption for commercial interests is subject to the public interest
test as stipulated by the Act, which means that the exemption can only be
upheld if the public interest in doing so outweighs the public interest in
disclosure. The following factors have been considered in favour of
disclosing and withholding the information:

 

Arguments in favour of disclosing the information

 

o General arguments for openness and transparency
o Disclosure would further your understanding and knowledge of the costs
incurred for such an event

 

Arguments in favour of withholding the information

 

o The harmful affect disclosure of this information would have on the
organisers of the Clockenflap festival in regards to their ability to
negotiate prices fairly for future events.
o The harmful affect disclosure of this information would have for the
organisers of the Clockenflap festival for future partnerships when
entering into commercial activities.

 

On balance we believe that the likely damage to the commercial interests
of the organisers of the Clockenflap festival means that the public
interest in withholding the information outweighs the public interest in
disclosure.

 

I hope the information provided has been useful.

 

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:

 

Freedom of Information Officer

Information and Knowledge Management

British Council

Bridgewater House

58 Whitworth Street

Manchester

M1 6BB

Email: [1][British Council request email]

 

 

If you are not content with the outcome of the internal review, you have a
right to appeal to the Information Commissioner for a decision at:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Phone: 0303 123 1113

Website: [2]www.ico.gov.uk

 

 

Yours sincerely

 

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[3]www.britishcouncil.org |
[4]www.britishcouncil.org/freedom-of-information

 

 

 

 

show quoted sections

Keogh, Lyndsey (British Council), British Council

3 Attachments

Case Reference: IKM/FOI/2013/90

 

 

11 February 2014

 

 

Dear Mr Freeman

 

As promised please find attached the email attachments, which relate to
the correspondence requested.

 

Yours sincerely

 

 

Lyndsey Keogh | Information Policy Advisor: FOI | IKM

 

[1]www.britishcouncil.org |
[2]www.britishcouncil.org/freedom-of-information

 

 

 

 

show quoted sections

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