Documentation and correspondence relating to the A5036 Port of Liverpool Access Scheme

Response to this request is delayed. By law, Highways England Company Limited should normally have responded promptly and by (details)

Rimrose Valley Friends

Dear Highways England Company Limited,

Please provide the following information in relation to the A5036 Port of Liverpool Access Scheme:

1) Details of any meetings that have taken place between Highways England and Peel Ports Ltd. This should include copies of agendas for those meetings and copies of any minutes.

2) Details of any correspondence between Highways England and Peel Ports Ltd (such as letters and emails) that have been exchanged over the past 5 years in addition to the above.

3) Details of any meetings that have taken place between Highways England and Kier Group plc. This should include copies of agendas for those meetings and copies of any minutes.

4) Details of any correspondence between Highways England and Kier Group plc (such as letters and emails) that have been exchanged over the past 5 years in addition to the above.

Yours faithfully,

Rimrose Valley Friends

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
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A map of the roads for which we are responsible can be found here
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A5036 Port of Liverpool, Highways England Company Limited

Dear Rimrose Valley Friends

Thank you for your request for information about documentation and correspondence relating to the A5036 Port of Liverpool Access Scheme dated 17th July 2019. I am dealing with it under the terms of the Freedom of Information Act 2000/Environmental Information Regulations 2004.

The due date for issuing a response is 15th August 2019.

If you have any queries about this letter, please contact me. Please remember to quote reference number 100135 in any future communications.

Yours sincerely

Dan Healey
Project Manager
Regional Investment Programme (RIP) North West
Web: http://www.highways.gov.uk

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A5036 Port of Liverpool, Highways England Company Limited

1 Attachment

Dear Sir or Madam

 

I am writing regarding your request for information, received on 18^th
July 2019. In that request, you asked us for the following information in
relation to the A5036 Port of Liverpool Access Scheme:

 

1) Details of any meetings that have taken place between Highways England
and Peel Ports Ltd. This should include copies of agendas for those
meetings and copies of any minutes.

 

2) Details of any correspondence between Highways England and Peel Ports
Ltd (such as letters and emails) that have been exchanged over the past 5
years in addition to the above.

 

3) Details of any meetings that have taken place between Highways England
and Kier Group plc.  This should include copies of agendas for those
meetings and copies of any minutes.

 

4) Details of any correspondence between Highways England and Kier Group
plc (such as letters and emails) that have been exchanged over the past 5
years in addition to the above.

 

Highways England is committed to the wider government transparency and
open data agenda and is committed to help people obtain the information
they are looking for. Unfortunately, in this case the amount of
information you have requested is substantial. Gathering it together would
therefore be likely to involve a significant cost and diversion of
resources from the authority’s other work. This could mean that we might
have to refuse the request under the exceptions in the Environmental
Information Regulations 2004 covering requests that are manifestly
unreasonable or formulated in too general a manner.

 

The best way that we can help you is therefore to ask you to consider
whether you could narrow down your request to focus on the precise
information that you are seeking.

Please note that in November 2018, Highways England announced a new
national approach to delivering road projects and appointed 13 companies –
that we call delivery integration partners – to develop, design and
construct highways projects across the country. Kier Highways Ltd was
appointed as the delivery integration partner for the Port of Liverpool
scheme and will take the project forward. During the intervening period we
have been in the process of mobilising the commercial aspects of our
partnership with Kier Highways Ltd and this work is ongoing.

 

If you are unable or unwilling to narrow down your request we will, of
course, consider it in accordance with our obligations under the
Environmental Information Regulations 2004.

 

If you wish to discuss any of the above, please contact me
([1][email address] ). Please remember to quote
reference number FOI 100135 in any future communications.

 

Yours faithfully

 

 

Dan Healey

Project Manager

Regional Investment Programme (RIP) North West
Highways England | 5^th Floor | 3 Piccadilly Place | Manchester | M1 3BN
Tel: +44 (300) 470-5218 [mobile number]
Web: [2]http://www.highways.gov.uk

 

 

 

 

show quoted sections

Rimrose Valley Friends

Dear A5036 Port of Liverpool,

Further to our freedom of information request and your reply dated 8th August, per your guidance, we would like to narrow down the scope of the request as follows:

> Remove the reference to Kier Group plc completely, so that the request relates only to details of meetings and correspondence with Peel Ports Ltd

> Reduce the timeframe from the previous 5 years to the previous 2 years

We hope this reduced scope is more focussed and means that it is now possible to fulfil the request.

Please can you confirm that the information will be provided within the original timeframe, by 15th August? If not, we would be grateful if you can advise what date we are likely to receive this information.

Yours sincerely,

Rimrose Valley Friends

A5036 Port of Liverpool, Highways England Company Limited

Dear Sir or Madam

Environmental information Regulations

Thank you for your request for information about meetings and correspondence between Highways England and Peel Ports during the past 2 years dated 9th August 2019. I am dealing with it under the terms of the Environmental Information Regulations 2004.

This is because the information requested concerns measures and activities affecting or likely to affect elements of the environment or affect factors such as noise, pollution discharges and other releases into the environment.

The due date for issuing a response is 9th September 2019.

If you have any queries about this letter, please contact me. Please remember to quote reference number FOI 100135 in any future communications.

Yours sincerely

Dan Healey
Project Manager
Regional Investment Programme (RIP) North West
Web: http://www.highways.gov.uk

show quoted sections

Rimrose Valley Friends

Dear A5036 Port of Liverpool,

Thank you for your email dated Friday, 6th September which came directly to the email address linked to this account.

We have received a notification today from WhatDoTheyKnow advising that a response via this platform is overdue.

The use of this platform ensures that there is a continuous chain of communication between us, that this is transparent and this is the most efficient way for a requestor to administer such requests.

Given that the response is outstanding, please can you respond today.

We will then respond properly in due course.

Yours sincerely,

Rimrose Valley Friends

A5036 Port of Liverpool, Highways England Company Limited

4 Attachments

Dear Rimrose Valley Friends

I am writing to confirm that we do hold the information you requested on 9th August 2019 but have decided that some of this information cannot be disclosed.

The information that can be released is:

Emails between Highways England and Peel Ports from 25th July 2017 to Date and documents referred to therein.
Minutes of Scheme Stakeholder Contact Report Meeting on 2nd January 2019.

A copy of the information is attached. Please note that personal information has been redacted in reliance on Regulation 13(1) of the Environmental Information Regulations 2004 (see here)

The information being withheld falls under the exceptions in regulation 12 (5)(f)(i)(ii) and (iii) of the Environmental Information Regulations 2004 (see here) because the person who provided the information was not under, and could not have been put under, any legal obligation to supply it to Highways England or any other public authority; did not supply it in circumstances such that Highways England or any other public authority is entitled apart from these Regulations to disclose it; and has not consented to its disclosure.

In applying this exception, we have had to balance the public interest in withholding the information against the public interest in disclosure.

Most documents supplied by Highways England will be Crown Copyright. Most Crown Copyright information can be re-used under the Open Government Licence. For information about OGL and about re-using Crown Copyright information please see The National Archives website.

Copyright in other documents may rest with a third party. For information about obtaining permission from a third party see the Intellectual Property Office’s website.

If you are unhappy with the way we have handled your request you may ask for an internal review within 2 months of the date of this response for Freedom of Information requests and within 40 days for Environmental Information Regulations requests.

Our internal review process is available at: https://www.gov.uk/government/organisati...

If you require a print copy, please phone the Information Line on 0300 123 5000; or e-mail [Highways England request email]. You should contact me if you wish to complain.

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

If you have any queries about this letter, please contact me by email at [email address]. Please remember to quote reference number FOI 100135 in any future communications.

Yours sincerely

Daniel Healey, Regional Investment Programme (RIP) North
MP North
Email: [email address]

show quoted sections

A5036 Port of Liverpool, Highways England Company Limited

7 Attachments

Dear Rimrose Valley Friends

Apologies we received the request from two difference email accounts. We responded as per the attached email.

Kind regards

Daniel Healey, Regional Investment Programme (RIP) North
MP North

show quoted sections

Rimrose Valley Friends

Dear Highways England Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Documentation and correspondence relating to the A5036 Port of Liverpool Access Scheme'.

This is based on the decision to withhold certain pieces of information using the exception applied under Regulation 12 (5)(f)(i)(ii) and (iii) of the Environmental Information Regulations 2004.

There is a lack of clarity and detail over the refusal to share this information. We believe there is more information than what has been provided and that there is a strong public interest in the information being released.

Your email states:
“The information that can be released is:
• Emails between Highways England and Peel Ports from 25th July 2017 to Date and documents referred to therein.
• Minutes of Scheme Stakeholder Contact Report Meeting on 2nd January 2019”

However, we do not believe that all emails and corresponding documents have been provided because:
• There are gaps in the email communications between Highways England and Peel Ports in 2018 with no communications at all between 16th February and 11th July of that year
• The emails stop completely in November, 2018
• There are no emails in the build up to, or aftermath of the meeting on Wednesday, 2nd January, 2019, for which minutes have been provided
• We believe that follow up actions and communications will have resulted from this meeting
• We believe that further email communications must have been exchanged between Highways England and Peel Ports in 2019 to the present day
• Both organisations were in regular contact on various aspects of the scheme throughout this period. We believe it is highly unlikely that this would simply stop

Regarding the exception applied under Regulation 12 (5)(f)(i)(ii) and (iii) of the Environmental Information Regulations 2004, we do not wish to know the identity of any individuals involved. We simply want to see the contents of the communications – all names can be redacted.

As the A5036 Port of Liverpool Access scheme is such an important issue for all communities surrounding Rimrose Valley, we believe that it is very much in the public interest to understand what discussions have been taking place between Highways England, a Government-owned company and the privately owned Port of Liverpool.

The information which has been provided suggests a long-established, working partnership.

We therefore believe that the public has a right to know which ‘opinion formers and decision makers’ have been engaged by Highways England and where Peel Ports have played a role in facilitating this.

We look forward to the outcome of this review.

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

Yours faithfully,

Rimrose Valley Friends

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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A5036 Port of Liverpool, Highways England Company Limited

A5036 Port of Liverpool would like to recall the message, "Freedom of Information request - Documentation and correspondence relating to the A5036 Port of Liverpool Access Scheme".

This email may contain information which is confidential and is intended only for use of the recipient/s named above. If you are not an intended recipient, you are hereby notified that any copying, distribution, disclosure, reliance upon or other use of the contents of this email is strictly prohibited. If you have received this email in error, please notify the sender and destroy it.

Highways England Company Limited | General enquiries: 0300 123 5000 |National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park, Birmingham B32 1AF | https://www.gov.uk/government/organisati... | [Highways England request email] <mailto:[Highways England request email]>

Registered in England and Wales no 9346363 | Registered Office: Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ

Consider the environment. Please don't print this e-mail unless you really need to.