dealings with cool nrg and UK Business Council For Sustainable Development

The request was refused by UK Trade and Investment.

Dear UK Trade and Investment,

I am writing to request information under the Environmental Information Regulations 2004/Freedom of Information Act 2000. In order to assist you with this request, I am outlining my query as specifically as possible.

I would appreciate it if you could provide me with details of any dealings, both internationally and domestically, between yourselves and cool nrg, in addition to similar material regarding yourselves and the UK Business Council For Sustainable Development.

I would be interested in any information held by your organisation regarding my request. I understand that I do not have to specify particular files or documents and that it is the department's responsibility to provide the information I require. If you need further clarification, please contact me by e-mail.

I would like to receive the information in hard copy.
If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees. If you plan to charge a fee for this information, I would ask that you pay particular attention to the ruling on fees made by the Information Tribunal 26 March 2006: Mr David Markinson v. Information Commissioner.

This decision makes clear that public authorities cannot charge an unreasonable amount for environmental information. It directed King's Lynn and West Norfolk Borough Council to overturn their charging structure and adopt instead a price of 10p per photocopied A4 page. Section A4 of the Tribunal decision states that a public authority can only exceed the guide price if it can demonstrate a good reason for doing so, and in considering whether any such reason exists the public authority should:
(i) take due regard of the guidance set out in the Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 and the Guidance to the Environmental Information Regulations 2004, both published by DEFRA, to the effect that any charge should be at a level that does not exceed the cost of producing the copies;
(ii) disregard any costs, including staff costs, associated with the maintenance of the information in question or its identification or extraction from storage; and
(iii) disregard any factors beyond the number and size of sheets to be copied, in particular, the real or perceived significance of the content, or the effect that any charging structure may have on the Council's revenue or its staff workload.
I look forward to your response within the 20-working-day time limit, and would be grateful if you could confirm in writing that you have received this request.

Yours faithfully,

Rory Cassidy

FOI Requests,

BIS ref: 10/0158

Dear Mr Cassidy,

Thank you for your request for information. Your request has been passed
on to the appropriate official at UK Trade & Industry to deal with.

Best wishes,
Kay

Kay Wilson | Freedom of Information Advisor | Information Rights Unit |
Department for Business, Innovation & Skills | Bay 351, 66-74 Victoria
Street, London, SW1E 6SW | [1]www.bis.gov.uk

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

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Packer Duncan \(UKTI ITFG\),

Dear Mr Cassidy

Thank you for your request of 29 January 2010 seeking information under
the Freedom of Information Act and the Environmental Information
Regulations 2004 about Cool Nrg and the UK Business Council for
Sustainable Development.

You sought information in hard copy. As you did not supply a mailing
address I assume you will be content with a reply via the above email
address. However, should you wish to also receive this reply in hard copy
please forward a postal address.

I can confirm that UK Trade & Investment (UKTI) have provided advice and
assistance on overseas markets to both companies. The range of advice and
assistance, which is available to all eligible UK businesses, can be found
at [1]www.uktradeinvest.gov.uk . Information provided to UKTI on an
individual basis is of a confidential nature and provided to us in
connection with the client's business interests. We have reached the view
that the company information requested is exempt from disclosure by virtue
of section 43 (2) of the Freedom of Information Act (the Act).

Section 43
 
The information you requested is being withheld as it falls under the
exemption in section 43 (2) of the Freedom of Information Act. Section 43
has been used to withhold information which is commercially confidential.
The use of Section 43 is subject to a public interest test. In this
context, we recognise that there is a general public interest in the
disclosure of information, as greater transparency makes Government more
accountable. Against this there is a public interest in ensuring that the
commercial interests of external businesses are not prejudiced by
disclosure of information which is not common knowledge and which could
adversely impact on future business. In addition the Department's own
commercial interests could be prejudiced as disclosure could damage our
business reputation and the confidence our customers have in us, making
them reluctant to provide us with commercial sensitive information in the
future. In this case, we consider that the public interest in favour of
disclosing such information is outweighed by the necessity to protect the
commercial interests of third parties.

Appeals procedure

If you are unhappy with the result of your request for information, you
may request an internal review within two calendar months of the date of
this letter.

If you wish to request an internal review, please contact me.

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

Duncan Packer

Duncan Packer | UK Trade & Investment | [email address] |
Kingsgate House | T 020 7215 8505

11 February 2010

[2]www.youtube.com/UKTIWeb
[3]http://blog.ukti.gov.uk
[4]www.twitter.com/ukti
UK Trade & Investment is the government organisation that helps UK-based
companies succeed in the global economy and assists overseas companies to
bring their high-quality investment to the UK.

For further information please visit [5]www.uktradeinvest.gov.uk

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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2. file://www.youtube.com/UKTIWeb
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4. http://www.twitter.com/ukti
5. http://www.uktradeinvest.gov.uk/

FOI Requests,

Dear Mr Cassidy

Thank you for your request for information of February 2010 the the
Department for Energy and Climate Change regarding dealings with the
company Cabon Aided.

You asked for the following information:

'Details of any dealings between Climate Change Projects Office and Carbon
Aided over three month stretches. I would prefer the most recent first,
then any additional periods up to the limit'.

I regret to inform you that following a thorough search of our records and
on consultation with officials at the National Center for Carbon Capture
and Storage we can confirm that no information is held within the scope of
your request.

Please accept our sincere apologies for the long delay in providing you
with a final response. Your request was handled within time but due to an
administrative error, we failed to provide you with a final response.

Appeals procedure

If you are unhappy with the result of your request for information, you
may request an internal review within two calendar months of the date of
this letter. If you wish to request an internal review please contact me.

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

Please accept our apologies for the long delay in providing you with a
final response and do not hesitate to contact us if you have any further
queries.

Best wishes,
Information Rights Unit

Information Rights Unit | Department for Business, Innovation & Skills |
[1][UK Trade and Investment request email] | Orchard 3, 1st Floor, 1 Victoria Street,
London, SW1H OET | [2]www.bis.gov.uk | BIS have a shared service level
agreement with DECC to process and advise on their FOI requests.

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. mailto:[UK Trade and Investment request email]
mailto:[UK Trade and Investment request email]
2. http://www.bis.gov.uk/
http://www.bis.gov.uk/