Dear Mr Cranstone,

 

I apologise for the delay in replying to your request for a copy of the
successful application for the Invitation to Tender for the Belfast Bike
Hire Scheme. I wish to advise you that the Council finds it necessary to
extend the time limit to assess the public interest issues which have
arisen during the initial consideration of your request.  You will receive
a written response to your request from the Council by 23 September 2015. 

 

Regards

Anne Doherty

 

 

 

Anne Doherty

Belfast Public Bike Share 

Belfast City Council

Development Department

Ex 3477

Telephone: 028 90270387

[mobile number]

Fax: 028 90270501

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed.
If you are not the intended recipient, any use, storage, disclosure or
copying of this information is unauthorised and prohibited.
This information may be confidential or subject to legal privilege.
If you have received this email in error please notify the sender
immediately by using the reply facility in your email software and then
delete the email from your inbox.
The contents of this message do not represent the expressed view of
Belfast City Council unless that is clearly stated.
Belfast City Council cannot accept liability in the event that the onward
transmission, opening or use of this message and/or any attachments
adversely affects the recipient's systems or data.

 

 

Dear Mr Cranstone

 

Further to my email of 1 September 2015, I am now in a position to respond
to your freedom of information request dated 27 July 2015.  I again
apologise for the delay in replying to your request for information.

 

I can confirm that the Council holds the information you have requested
and has decided that most of the information it holds can be disclosed,
subject to the redaction of information which would prejudice the
commercial interests of the NSL and the Council itself; and the personal
data of an identifiable living individual.  Accordingly, a redacted
version of the information you have requested is attached.  Where the
information held is not being disclosed this is clearly indicated in the
enclosed document, together with an explanation of our decision to
withhold the information concerned.  I shall now explain in more details
the Council’s reasons for withholding this information.

 

As you may be aware, the release of information under the Freedom of
Information Act 2000 equates to disclosure to the public at large, and not
only to the individual applicant who made the request.  Section 43(2) of
the Freedom of Information Act 2000 states that ‘Information is exempt
information if its disclosure under this Act would, or would be likely to,
prejudice the commercial interests of any person (including the public
authority holding it).’  With regard to the commercial information it is
being withheld (i.e. redacted) on the grounds that its disclosure into the
public domain would prejudice the commercial interests of NSL and the
Council itself.  The withheld information is of commercial value to NSL,
it is commercially sensitive, has currency and is central to their
competitive edge, particularly in the context of competing for similar
contracts in the future.  The disclosure of this type of information would
disadvantage the company and give its competitors an unfair advantage in
such tendering exercises.  The information that has been withheld falls
into the following categories: methodology, including the delivery and
operation of the bike hire scheme; product service design and procedures;
NSL relationship with partners; financial information, including detailed
costs of programme delivery.  In respect of the Council’s commercial
interests, it is of critical importance for the Council to maintain its
credibility with contractors.  Disclosure of this type of information
would not only damage the Council’s relationship with the NSL, but would
damage its credibility with contractors generally.  The disclosure of this
type of information into the public domain would adversely affect the
Council in future to source supplies in a competitive market. 

 

Having assessed the likelihood and severity of the prejudice that the
release of the withheld information would cause to the commercial
interests of the NSL and the Council itself, the Council has concluded
that its disclosure into the public domain constitutes a real and
significant risk.  The Council has, therefore, decided that the
information is exempt from disclosure under Section 43(2) of the Freedom
of Information Act 2000. 

 

Where the Council decides that the information is exempt from disclosure
under Section 43(2) of the Act, it must then apply what is known as a
public interest test.  This requires the Council to decide whether, in all
circumstances of the case, the public interest in maintaining the
exemption outweighs the public interest in disclosing the information. 

 

In applying the public interest test the Council gave careful
consideration to the arguments for and against disclosure.  The arguments
which were taken into account in favour of disclosure were:

o that it would allow for more informed debate on the issue of the Bike
Hire scheme;
o that it would promote accountability and transparency in relation to
the Council’s decisions and its spending of public money on this
issue;
o that it would assist the public to understand and challenge the
Council’s decisions in relation to this issue;
o the specific circumstances of the case and the content of the
information requested in relation to those circumstances;
o the age of the information;
o the timing of the request;
o whether there were any exceptional circumstances or overriding public
interest which would warrant disclosure; and
o whether any of the information was already in the public domain.

The arguments which were taken into account in favour of maintaining the
exemption were:

 

o the specific circumstances of the case and the content of the
information requested in relation to those circumstances;
o the age of the information;
o the timing of the request;
o the significance and sensitivity of the information; and
o the likelihood and severity of prejudice that disclosure could cause
to the commercial interests of NSL and the Council itself.

 

The Council balanced the need for, and its commitment to, transparency,
accountability and openness in relation to this matter against the
prejudice that disclosure would cause the commercial interests of NSL and
the Council itself.  Having taken into account the arguments for and
against disclosure, the Council has decided that, on balance, in this case
the public interest in maintaining the exemption provided under Section
43(2) of the Freedom of Information Act outweighs that in favour of
disclosure.  This decision was taken on the following grounds:

 

o the timing of the request
o the age of the information;
o the information still has currency and is of commercial value to NSL;
o it is important to the competitive edge of NSL and their ability to
compete against other companies within this environment; and
o the overarching need for the Council to maintain its credibility with
contractors generally.

 

I trust you will understand the commercial sensitivities involved. 

 

With regard to the Council’s decision to withhold personal data, I should
explain that under Section 40(2) of the Freedom of Information Act,
information is exempt from disclosure if it constitutes the personal data
of another individual and its disclosure would contravene any of the data
protection principles set out in the Data Protection Act 1998.  In this
case, the withheld information is the personal data of another
identifiable living individual, namely their name and position held in
NSL.  The Council has an obligation under the Data Protection Act to
protect the personal data and privacy of this individual, particularly
given that the disclosure of information under the Freedom of Information
Act equates to its release to the public at large.

 

Having taken these factors into account, the Council has decided that to
disclose the personal data of this individual would contravene the Data
Protection Act, in particular the first data protection principle, and it
is exempt from disclosure under Section 40(2) of the Freedom of
Information Act.  The decision to withhold this personal data was taken on
the grounds that its disclosure would be unfair, unlawful and involve an
unwarranted detriment to the privacy of the individual concerned.

 

If you are dissatisfied with how the Council handled your request for
information, you have the right to request that the Council formally
review this decision.  If you wish to do so, please write to the Records
Manager, Chief Executive’s Department, Belfast City Council, City Hall,
Belfast, BT1 5GS. 

Should you remain dissatisfied following the Council’s internal review,
you can seek an independent review from the Information Commissioner. 
Requests for an independent review should be made in writing to: The
Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF.  However, I would advise you that the Information Commissioner
has indicated that a review will not be undertaken unless the Council has
first had an opportunity to re-consider its decision. 

Yours sincerely

Anne Doherty

 

Anne Doherty

Belfast Public Bike Share 

Belfast City Council

Development Department

Ex 3477

Telephone: 028 90270387

[mobile number]

Fax: 028 90270501

 

From: pbh
Sent: 01 September 2015 16:04
To: '[FOI #282690 email]'
Cc: devbsahr
Subject: FOI Invitation to Tender for the Belfast Bike Hire Scheme

 

Dear Mr Cranstone,

 

I apologise for the delay in replying to your request for a copy of the
successful application for the Invitation to Tender for the Belfast Bike
Hire Scheme. I wish to advise you that the Council finds it necessary to
extend the time limit to assess the public interest issues which have
arisen during the initial consideration of your request.  You will receive
a written response to your request from the Council by 23 September 2015. 

 

Regards

Anne Doherty

 

 

 

Anne Doherty

Belfast Public Bike Share 

Belfast City Council

Development Department

Ex 3477

Telephone: 028 90270387

[mobile number]

Fax: 028 90270501

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed.
If you are not the intended recipient, any use, storage, disclosure or
copying of this information is unauthorised and prohibited.
This information may be confidential or subject to legal privilege.
If you have received this email in error please notify the sender
immediately by using the reply facility in your email software and then
delete the email from your inbox.
The contents of this message do not represent the expressed view of
Belfast City Council unless that is clearly stated.
Belfast City Council cannot accept liability in the event that the onward
transmission, opening or use of this message and/or any attachments
adversely affects the recipient's systems or data.