discussions with DEFRA regarding FOI

john kelloway made this Freedom of Information request to British Waterways Board

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by British Waterways Board.

Dear British Waterways Board,
There is widespread concern that the New Waterways Charity that will replace BW will not be liable to FOI requests. In recent correspondence the customer contact unit of DEFRA stated that the subject was part of ongoing discussions with British Waterways.
Accordingly please supply the minutes, notes, emails, telephone attendance records, internal reports, external reports regarding these "ongoing discussions", from 1 January 2010 to today

Yours faithfully,

john kelloway

Information Request,

Dear Mr Kelloway,

Thank you for your e-mail of 3rd August and request made under the provisions of the Freedom of Information Act 2000.

We will review the information that we hold relating to your request and a response will be sent as soon as possible but in any case within 20 working days of the receipt of your request today.

Yours Sincerely,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Information Request,

Dear Mr Kelloway,

I write further to your request for information of 3rd August and my acknowledgement of 4th August.

You have requested copies of the "minutes, notes, emails, telephone attendance records, internal reports, external reports regarding these "on-going discussions", from 1 January 2010 to today" and I understand that by "these "on-going discussions"" you refer to talks between BW and Defra regarding the application of Freedom of Information Act to the New Waterways Charity.

The information that you have requested is exempt from disclosure under section 36 [Prejudice to effective conduct of public affairs ](2) (b) (i) and (ii), as disclosure would be prejudicial to free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation. Furthermore, the public interest in maintaining that exemption outweighs the public interest in disclosing the information.

Additionally, the duty to confirm or deny whether this information is held by BW does not arise in relation to information to which this section applies if (in the reasonable opinion of a qualified person) such confirmation or denial would, or would be likely to, have any of the prejudicial effects mentioned in the paragraph above.

If we haven’t reasonably met your expectations in relation to a request for information or you believe we may not have acted in accordance with the above legislation you should write in the first instance to Kelly Radley Head of Customer Relations, 64 Clarendon Road, Watford, Herts WD17 1DA outlining your concerns and asking for a review to be undertaken. Your correspondence will be acknowledged and a review of your case will be undertaken by one of British Waterways’ directors.

Should you remain unsatisfied by the response you receive you are able to contact the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF www.ico.gov.uk/Global/contact_us.aspx.

Yours Sincerely,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ  

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