Contract with CSC for National ID Scheme

The request was partially successful.

Peter Collingbourne

Dear Sir or Madam,

Please supply a copy of the following documents, which form a part
of the contract awarded 7th April 2009 to CSC to upgrade IPS’ application and enrolment system:

1. The Service Agreement Schedules and annexes (in the
order 1-x, or 2-x followed by 1 if Schedule/Annex 1 is entitled
"Definitions", where x is the number of documents)

2. The Service Agreement which contains conditions specific to a
contract

3. The Framework Agreement which sets out the core terms for
contracts awarded, if different to the Framework Agreement with Thales

4. Any and all other documents which form a part of this contract,
in ascending order of the number of pages within the document. For
documents with the same number of pages, the documents should be
considered in ascending alphabetical order of their titles.

Please supply as many pages as possible, starting with page 1 of
the document appearing first in the ordering as specified above,
and proceeding sequentially through the pages of this document
followed by the remainder of the above listed documents, in order,
to the extent that my request would not be subject to exemption
under section 12 of the FOIA.

If you are considering applying the section 12 exemption to any
extent in the face of clear Information Commissioner and
Information Tribunal decisions to the contrary, please bear in mind
that:

a) A refusal to answer my request in full will result in an appeal
to the Information Commissioner, which will undoubtedly result in a
decision consistent with his earlier decisions;

b) It is in the public interest that public money is spent on the
substantive activities of releasing information under FOIA, rather
than on an unnecessary appeal to the Information Commissioner.

Yours faithfully,

Peter Collingbourne

HQ Enquiries,

2 Attachments

Dear Mr Collingbourne

Thank you for your email of 12 May . Please see the attached
acknowledgement.

Yours sincerely,

H Reid

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Headquarters

Parliamentary & Correspondence Management Team

8^th Floor, Globe House

89 Eccleston Square

London

SW1V 1PN

 

Tel        (020) 7901 2426

Fax       (0870) 336 9175

Email  [email address]

Web       www.ips.gov.uk

 

 

Mr Peter
Collingbourne                                                                                                        

Email: [FOI #11840 email]

 

Reference: FOICR 11863 /09 

 

Date:  19 May 2009

 

 

 

Dear Mr Collingbourne 

 

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email of 12 May in which you ask for documents from the
CSC contract for the National Identity Scheme. 

 

Your request is being handled in accordance with the terms of the Freedom
of Information Act 2000.

 

We aim to send you a substantive reply to your request within 20 working
days of our receiving it on 12 May 2009. Therefore you should receive a
substantive response by 10 June 2009. 

 

If you have any queries regarding the handling of your information request
please do not hesitate to contact us.

 

 

Yours faithfully,

 

 

 

 

 

On behalf of James Hall,

Chief Executive and Registrar General

 

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Communications via the GSi may be automatically logged, monitored and/or
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Peter Collingbourne

Dear H Reid,

My request regarding the CSC contract is now overdue; please let me know when I can expect a response.

Yours sincerely,

Peter Collingbourne

HQ Enquiries,

2 Attachments

Dear Mr Collingbourne,

Thank you for your email of 12 May. I apologise for not responding to you
earlier. Please see attached response.

Yours faithfully,

On behalf of James Hall
Chief Executive & Registrar General

══════════════════════════════════════════════════════════════════════════

 

 

 

 

Headquarters

Parliamentary & Correspondence Management Team

8^th Floor, Globe House

89 Eccleston Square

London

SW1V 1PN

 

Tel        (0300) 222 0000

Fax       (0870) 336 9175

Email  [email address]

Web       www.ips.gov.uk

 

 

 

Peter Collingbourne

 

Email: [FOI #11840 email]

 

Reference: FOICR 11863/08

 

11 June 2009

 

Dear Mr Collingbourne,     

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your email of 12 May in which you ask for copies of
contractual documents held with Computer Sciences Corporation (CSC).

 

We are considering your information request. Although the Freedom of
Information Act carries a presumption in favour of disclosure, it provides
exemptions which may be used to withhold information in specified
circumstances.  Some of these exemptions are subject to a public interest
test.  These exemptions are known as qualified exemptions.  The public
interest test is used to balance the public interest in disclosure against
the public interest in favour of withholding the information under
qualified exemptions.  Section 10(3) of the Act allows us to exceed the 20
working day response target where reasonably necessary to consider the
public interest test fully.  This is subject to us telling applicants when
we expect to conclude our deliberations and provide a full response.

 

The information requested must be considered under the exemptions
contained within Section 43 of the Act.  This is a qualified exemption
relating to commercial interests.  In order to consider the public
interest test fully we need to extend the 20 working day response period,
and now aim to respond by 8 July.  

 

I would like to apologise for any delay and inconvenience that this may
cause.

 

Should you have any queries about the handling of your information request
then please do not hesitate to contact us. 

  

Yours faithfully,

 

 

On behalf of James Hall

Chief Executive & Registrar General

 

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Communications via the GSi may be automatically logged, monitored and/or
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HQ Enquiries,

2 Attachments

Dear Mr Collingbourne,

Please find below a response to your FOI request: FOI 11863.

Yours faithfully,

On behalf of James Hall
Chief Executive & Registrar General

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Headquarters

Parliamentary & Correspondence Management Team

8^th Floor, Globe House

89 Eccleston Square

London

SW1V 1PN

 

Tel        (0300) 222 0000

Fax       (0870) 336 9175

Email  [email address]

Web       www.ips.gov.uk

 

 

 

 

 

 

Peter Collingbourne

 

Email: [FOI #11840 email]

 

Reference: FOICR 11863/09

 

10 July 2009

 

Dear Mr Collingbourne,     

 

FREEDOM OF INFORMATION REQUEST

 

Thank you for your request of 12 May in which you ask for copies of
contractual documents relating to the contract with CSC to support the
upgrade of the of the National Identity Service Application and  Enrolment
system. 

 

You ask that the Identity and Passport Service (IPS) provide as much
information as possible from the documents that make up the contract
without breaching the cost thresholds in Section 12 of the Freedom of
Information Act.

 

After careful consideration we have decided that the information you have
requested is exempt from disclosure under Sections 12 and 22 (1) of the
Freedom of Information Act 2000.  In applying these exemptions IPS has had
to balance the public interest in disclosing this information against the
public interest of withholding it.

 

There is public interest in disclosure because we are committed to
providing as much transparency on contracts for the National Identity
Scheme as we can. To that end we are pleased to advise you that an
exercise has been commissioned within IPS to release further contractual
information.  This will allow us to publish summaries of the contracts for
the Scheme, including those we will be awarding in the coming months. Our
intention is that this document will provide as much information as we
can, without prejudicing commercial, personal data or security interests. 
This will be made available on the IPS website and once this work has
concluded, a copy will be sent to you.

 

The exemption within Section 12 applies to your request as a whole, not on
an ‘incremental’ basis.  The case against disclosure is that, in order for
us to comply with the request without incurring such cost, a more refined
request will be required to understand the exact information you require.
Any public interest test can then be conducted in regard of any potential
commercial, technical and security information within the documentation. 
However, we believe the summary contracts we intend to publish will
provide the information you have sought where practical.

 

If you are dissatisfied with this response you may request an independent
internal review of our handling of your request by submitting your
complaint to the address below quoting reference FOICR 11863/09:

 

Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

 

Email: [1][email address]

 

During the independent review the department’s handling of your
information request will be reassessed by members of staff who were not
involved in providing you with this response. Should you remain
dissatisfied after this internal review, you will have a right of
complaint to the Information Commissioner as established by section 50 of
the Freedom of Information Act.

 

Yours sincerely

 

 

On behalf of James Hall

Chief Executive & Registrar General

 

 

 

 

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Peter Collingbourne

Dear sir/madam,

I am requesting an internal review of the handling of my request FOICR 11863/09.

I disagree that IPS is able to apply the section 22(1) exemption. The language of this exemption refers to an intention to publish that existed "at the time when the request for information was made" (FOIA s22(1)(b)). However, according to a further response received from IPS (ref FOICR 12395/09), the decision to prepare the information to be published was made on 1 July 2009, well after my request was made on 12 May 2009.

Even if this were not the case, IPS does not have an apparent intention to publish the information I requested in all cases. According to the same response from IPS, the intention to publish does not exist for documents with "commercial, security or technical sensitivity". Instead of the redacted documentation being released, IPS only plans to release a summary which may not contain all releasable information in the document.

Turning to the section 12 exemption, I disagree that this applies at all due to Mr J Jenkins v Information Commissioner and Department for Environment, Food and Rural Affairs, EA/2006/0067. Please remember that your own policy cannot override the decisions of the Information Tribunal which in our common law legal system should be considered law. Even if the exemption did apply, I also disagree that a refined request is necessary to "understand the exact information [I] require". In my original request I have been very specific about which documents and even which pages I would like you to consider and in which order and I fail to see how I can be more specific than this.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

Yours faithfully,

Peter Collingbourne

Brook Adrian, HM Passport Office

Dear Mr Collingbourne

This is just to let you know that the internal review of the responses
to your two FoI requests (refs 10676 and 11863) is nearing completion
and I hope to send you a full response shortly.

Regards

Adrian Brook
Information Access Team
Information Management Service
Ground Floor, Seacole Building (NW)
Home Office
2 Marsham Street
London SW1P 4DF
Tel. 020 7035 1022
External e-mail [email address]

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Peter Collingbourne

Dear Adrian Brook,

I am still awaiting a response to my internal review request. It has already been over 4 months since I requested this review.

I intend to refer this matter to the ICO if a response is not received by the end of this month.

You may be interested to know that the Information Tribunal has yet again disagreed with the IPS's interpretation of section 12 in a recent decision (The Chief Constable of South Yorkshire Police v IC, EA/2009/0029).

Yours sincerely,

Peter Collingbourne

Brook Adrian, HM Passport Office

Dear Mr Collingbourne

I apologise once again for the delay. The internal review is more or
less complete, subject to clearance, and it should be with you by the
end of this month.

Regards

Adrian Brook
Information Access Team
Information Management Service
Ground Floor, Seacole Building (NW)
Home Office
2 Marsham Street
London SW1P 4DF
Tel. 020 7035 1022
External e-mail [email address]

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Brook Adrian, HM Passport Office

2 Attachments

Dear Mr Collingbourne

 

Please see the attached letter and accompanying report, about your request
for an internal review of the responses to your FoI requests about
contracts relating to the National Identity Scheme.

 

Regards

 

Adrian Brook

Information Access Team

Information Management Service

Ground Floor, Seacole Building (NW)

Home Office

2 Marsham Street

London SW1P 4DF

Tel. 020 7035 1022

External e-mail [1][email address]

 

 

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Brook Adrian, HM Passport Office

2 Attachments

Dear Mr Collingbourne

 

Please see the attached letter and accompanying report, about your request
for an internal review of the responses to your FoI requests about
contracts relating to the National Identity Scheme.

 

Regards

 

Adrian Brook

Information Access Team

Information Management Service

Ground Floor, Seacole Building (NW)

Home Office

2 Marsham Street

London SW1P 4DF

Tel. 020 7035 1022

External e-mail [1][email address]

 

 

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1 Attachment

Dear Mr Collingbourne,

Thank you for your requests of 28 November 2008 and 12 May 2009. Please
find a document attached.

<<Peter Collingbourne (12 02 2010).doc>>
Yours faithfully,

Freedom of Information Team

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Peter Collingbourne

Dear Mr Crothers,

Thank you for your email.

If you intend to disclose exactly the same information as will be posted on the IPS website, it will suffice for the information to be posted on the website, and I will ask the WhatDoTheyKnow team to archive it.

I hope to receive the information by the end of February. I do not consider any further delays to be warranted, and I intend to complain to the ICO if I do not receive it by that time.

Yours sincerely,

Peter Collingbourne

1 Attachment

Dear Mr Collingbourne,

I am writing further to our responses to your requests of 28 November 2008
and 12 May 2009, and in relation to my recent letter dated 12 February.
Please find a response attached.

<<Peter Collingbourne.doc>>
Yours faithfully,

Freedom of Information Team

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Peter Collingbourne

Dear Mr Crothers,

I have downloaded the redacted versions of the Service Agreements from the IPS website. I have been unable to find the Framework Agreement (or Agreements). You will note that this formed part 3 of both of my original requests. Please ensure that this is released without delay.

Yours sincerely,

Peter Collingbourne

1 Attachment

Dear Mr Collingbourne,

Thank you for your email of 18 March. Please find a response attached.

<<Peter Collingbourne - Res.doc>>
Yours sincerely,

Freedom of Information Team

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1 Attachment

Dear Nova,

Thank you for your email of 8 March.

Firstly, I would like to apologise for the delay, as this was due to an
administrative error.

Please find a response attached.
<<14535 Nova response.doc>>
Yours sincerely,

Freedom of Information Team

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IPSFOIs would like to recall the message, "FOICR 14535/10 - Response".

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Peter Collingbourne

Dear Mr Crothers,

Part 3 of both requests was not intended to request the "core terms", it was clearly intended to request the "Framework Agreement". The phrasing "core terms" was intended to help you to identify the document I sought.

From reading the Service Agreements it is quite clear that the Framework Agreement(s) are a separate document with separate terms. For example, the definition of "Framework Dispute Resolution Procedure" in Schedule 1 to both Service Agreements refers to a Schedule 4 (Framework Dispute Resolution Procedure) of the Framework Agreement. I have found no such schedule in either Service Agreement. Both Service Agreements contain a Service Dispute Resolution Procedure, but why else would clause 46 of both Service Agreements make a distinction between them?

The same clause contains a reference to Schedule 3 (Governance, Partnering and Framework Management) of the Framework Agreement which is again distinguished from Schedule 28 (Governance, Partnering and Service Agreement Management) to the Service Agreements.

Furthermore, clause 94.1 of both Service Agreements begins "This Service Agreement together with (i) the Framework Agreement ..." clearly referring to the Service and Framework Agreements as separate documents.

I have already complained to the ICO regarding your failure to disclose the Framework Agreement(s) together with what I consider to be excessive redactions to the Service Agreements.

Yours sincerely,

Peter Collingbourne