East Riding Pension Fund Investments

The request was partially successful.

Dear East Riding of Yorkshire Council,

I would like to request the following information:

1) The full details of what the East Riding Pension Fund currently invests in, including the name and amounts of each asset class or investment being held.

2) The investments broken down into different categories/types of holding, including: Index Linked Securities, Unit trust Property, Cash Instruments, Unit Trust Equities, Infrastructure, Fixed Interest Securities, Equities Segregated Unlisted, Equities Segregated UK, Equities Segregated Foreign as well as any other investments that the Pension Fund holds.

3) The industrial sector of each investment e.g. Aerospace & Defense, Oil & Gas Producers, Pharmaceuticals & Biotechnology, Media, Banks, Mining, Government, Automobiles, Financial Services, Housing and any other sectors that the Pension Fund holds investments in. Examples of Pension Funds which have previously included this data in their publicly released investments include Buckinghamshire and Derbyshire. (i)

4) A full list of all the companies which the Pension Fund currently invests in (this should be covered in the above requests). This list should include the names of each company and the amount invested in each company.

5) Can you clearly specify the total value of all investments that the Pension Fund holds in sterling.

6) I would like to receive this information in an unlocked excel sheet without protected cells (.xls). If you have to password protect the excel sheet, can you also provide the password to the excel sheet. When considering the request for this data in excel format, please refer to Innes v Information Commissioner [2014] EWCA Civ 1086 (ii), which allows a requestor to express a preference for communication by a particular means, specifically: "an applicant's right to choose to have information provided to him in electronic form extends to a right to choose the software format in which it is embodied." (iii)

I would like to receive the information in electronic format. If one part of the request can be answered sooner than others, please send that information first followed by any subsequent data. If you need further clarification, please contact me by email.

Many public authorities release their contracts, minutes and other information of interactions with private vendors in line with the Freedom of Information Act. The exemption for commercial interest under the Act (section 43) is a qualified exemption, which means information can only be withheld if it is in the public's interest. The public have an interest in knowing what the Pension Fund is investing in, the terms of contracts and the minutes of meeting with public authorities, whether or not public money changes hands immediately.

If you are relying on section 41 (the exemption for legal breach of confidence) then I would like to know the following:

* When these confidentiality agreements were agreed
* All correspondence and email in which these confidentiality agreements were discussed
* The precise wording of the confidentiality agreements.

I ask these questions because guidance issued by both the Lord Chancellor (draft guidance on FOI implementation) and the Office of Government Commerce (Model terms and conditions for goods and services) specifically state that public authorities should not enter into these types of agreements; they go directly against the spirit of the laws of disclosure. I would also point to the Information Commissioner's guidance on accepting blanket commercial confidentiality agreements: 'Unless confidentiality clauses are necessary or reasonable, there is a real risk that, in the event of a complaint, the Commissioner would order disclosure in any case.' (iv)

Finally, within the law of confidence there is also a public interest test. Therefore, the information should be disclosed in full. If any parts are redacted they must be for information that can be proven to be a legal breach of confidence in court, and only then where secrecy can be shown to be in the public interest. These are difficult positions to argue when public money is at stake or where a public authority is offering a private company a monopoly to charge its stakeholders.

I reserve the right to appeal your decision to withhold any information or to charge excessive fees, and understand that under the act, I am entitled to a response within 20 working days. I would be grateful if you could confirm in writing that you have received this request.

Yours faithfully,

Edward Jones

(i) Buckinghamshire https://www.whatdotheyknow.com/request/2... Derbyshire https://www.whatdotheyknow.com/request/2...

(ii) Innes v Information Commissioner [2014] EWCA Civ 1086 http://www.bailii.org/ew/cases/EWCA/Civ/...

(iii) Section 11 FOIA and the Form of a Request https://panopticonblog.com/2014/08/01/se...

(iv) 'Freedom of Information Awareness Guidance 5: Commercial Interests' Office of the Information Commissioner, Page 10, https://www.humanrightsinitiative.org/pr...

Freedom of Information, East Riding of Yorkshire Council

Thank you for emailing the East Riding of Yorkshire Council Freedom of
Information team. This account is monitored by a number of officers and
the Council will respond to you.
Freedom of Information and the Coronavirus (COVID -19)
The Information Commissioner recognises the unprecedented challenges
facing local authorities during the coronavirus (COVID-19) pandemic, in
particular that resources, whether they are finances or people, may be
diverted away from usual compliance or information rights work. Whilst we
will endeavour to meet the statutory timescales we may need to adapt our
approach during this extraordinary period and you may experience
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Freedom of Information, East Riding of Yorkshire Council

1 Attachment

Dear Mr Jones

Further to your recent request for access to information, please see the
attached letter.
Kind Regards,
Freedom of Information

show quoted sections

Freedom of Information, East Riding of Yorkshire Council

2 Attachments

Dear Mr Jones

Further to your recent request for access to information within the
Freedom of Information Act, please see the attached letter.

Kind regards,

Freedom of Information

show quoted sections

Dear East Riding of Yorkshire Council,

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

I am writing to request an internal review of East Riding of Yorkshire Council's handling of my FOI request 'East Riding Pension Fund Investments'.

Firstly, in my original request, I asked for:

"The industrial sector of each investment e.g. Aerospace & Defense, Oil & Gas Producers, Pharmaceuticals & Biotechnology, Media, Banks, Mining, Government, Automobiles, Financial Services, Housing and any other sectors that the Pension Fund holds investments in. Examples of Pension Funds which have previously included this data in their publicly released investments include Buckinghamshire and Derbyshire. "

You have not provided that information .

Examples of pension Funds which do this are: Buckinghamshire https://www.whatdotheyknow.com/request/2... Derbyshire https://www.whatdotheyknow.com/request/2...

Can you please resend the spreadsheet with the industrial sector breakdown of all investments?

Secondly, in my original request, I asked for:

"The full details of what the East Riding Pension Fund currently invests in, including the name and amounts of each asset class or investment being held."

However, in your response, you did not provide full investment details. Specifically, you provided the following details:

BORDER TO COAST
BORDER TO COAST UK LISTED EQUITY
BORDER TO COAST OVERSEAS DEVELOPED MARKETS
BORDER TO COAST EMERGING MARKETS
BORDER TO COAST STERLING INVESTMENT GRADE CREDIT

SCHRODERS
NORTH AMERICA
EUROPE
ASIA PACIFIC
ASIA
GLOBAL
CASH

The above does not give a sufficient breakdown of those investments. It does not give, for example, the full name of the fund that Schroders invests in North America, or the full name of the Border to Coast funds. It is also unclear if those investments are done in pooled funds by Schroders and Border to Coast, or if they are in equities, as requested in the original FOI request.

Can you please provide a more detailed breakdown of those above investments in a revised spreadsheet, alongside any other investments which do not give a full breakdown?

Yours faithfully,

Edward Jones

Freedom of Information, East Riding of Yorkshire Council

Thank you for emailing the East Riding of Yorkshire Council Freedom of
Information team. This account is monitored by a number of officers and
the Council will respond to you.
Freedom of Information and the Coronavirus (COVID -19)
The Information Commissioner recognises the unprecedented challenges
facing local authorities during the coronavirus (COVID-19) pandemic, in
particular that resources, whether they are finances or people, may be
diverted away from usual compliance or information rights work. Whilst we
will endeavour to meet the statutory timescales we may need to adapt our
approach during this extraordinary period and you may experience
understandable delays when making requests for information.
All East Riding of Yorkshire Council emails and attachments (other than
information provided pursuant to the Freedom of Information Act 2000 or
the Environmental Information Regulations 2004) are private and intended
solely for the use of the individual or entity to whom they are addressed.
Unauthorised use is not permitted. If this email was not intended for you,
you may not copy, use or share the information in any way. Please email
[email address] to advise us that you have received this
email in error. The Council makes every effort to virus check this email
and its attachments. We cannot accept any responsibility or liability for
loss or damage which may happen from opening this email or any
attachment(s). It is recommend that you run an antivirus program on any
material you download. This message has been sent over the internet and
unless encrypted email should not be treated as a secure means of
communication. Please bear this in mind when deciding what information to
include in any email messages you send the Council. The Council does not
accept service of legal documents by email. The Council reserves the right
to monitor record and retain incoming and outgoing emails for security
reasons and for monitoring compliance with our policy on staff use. As a
public body, the Council may be required to disclose the contents of
emails under data protection laws and the Freedom of Information Act 2000.
We will withhold information where there is a good reason to do so. For
information about what we do with personal data see our privacy notices on
www.eastriding.gov.uk/privacyhub.     

Freedom of Information, East Riding of Yorkshire Council

4 Attachments

Dear Mr Jones

Further to your recent request for access to information, please see the
attached letter.

Regards,

Information Governance and Feedback
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil
[4][IMG]
Please note: You may receive emails from me outside normal working hours.
I do not expect you to either read or respond to these outside of your
working hours unless you choose to do so. Work life balance is important!
All East Riding of Yorkshire Council emails and attachments (other than
information provided pursuant to the Freedom of Information Act 2000 or
the Environmental Information Regulations 2004) are private and intended
solely for the use of the individual or entity to whom they are addressed.
Unauthorised use is not permitted. If this email was not intended for you,
you may not copy, use or share the information in any way. Please email
[email address] to advise us that you have received this
email in error. The Council makes every effort to virus check this email
and its attachments. We cannot accept any responsibility or liability for
loss or damage which may happen from opening this email or any
attachment(s). It is recommend that you run an antivirus program on any
material you download. This message has been sent over the internet and
unless encrypted email should not be treated as a secure means of
communication. Please bear this in mind when deciding what information to
include in any email messages you send the Council. The Council does not
accept service of legal documents by email. The Council reserves the right
to monitor record and retain incoming and outgoing emails for security
reasons and for monitoring compliance with our policy on staff use. As a
public body, the Council may be required to disclose the contents of
emails under data protection laws and the Freedom of Information Act 2000.
We will withhold information where there is a good reason to do so. For
information about what we do with personal data see our privacy notices on
www.eastriding.gov.uk/privacyhub.     

References

Visible links
1. file:///tmp/www.eastriding.gov.uk
2. file:///tmp/www.twitter.com/East_Riding
3. file:///tmp/www.facebook.com/eastridingcouncil
4. https://www.nhs.uk/ask-for-a-coronavirus...

Dear Freedom of Information,

In your last response you said:

"We have received correspondence from you on 3 August 2020 asking the Council to review its response and I can therefore confirm that a senior manager will carry out a review of the response within 20 working days, which is 28 August 2020, and will write further with the outcome of the review."

It is now the 7 September. Can you please provide your review as soon as possible, as you are now overdue?

Yours sincerely,

Edward Jones

Freedom of Information, East Riding of Yorkshire Council

Thank you for emailing the East Riding of Yorkshire Council Freedom of
Information team. This account is monitored by a number of officers and
the Council will respond to you.
Freedom of Information and the Coronavirus (COVID -19)
The Information Commissioner recognises the unprecedented challenges
facing local authorities during the coronavirus (COVID-19) pandemic, in
particular that resources, whether they are finances or people, may be
diverted away from usual compliance or information rights work. Whilst we
will endeavour to meet the statutory timescales we may need to adapt our
approach during this extraordinary period and you may experience
understandable delays when making requests for information.
All East Riding of Yorkshire Council emails and attachments (other than
information provided pursuant to the Freedom of Information Act 2000 or
the Environmental Information Regulations 2004) are private and intended
solely for the use of the individual or entity to whom they are addressed.
Unauthorised use is not permitted. If this email was not intended for you,
you may not copy, use or share the information in any way. Please email
[email address] to advise us that you have received this
email in error. The Council makes every effort to virus check this email
and its attachments. We cannot accept any responsibility or liability for
loss or damage which may happen from opening this email or any
attachment(s). It is recommend that you run an antivirus program on any
material you download. This message has been sent over the internet and
unless encrypted email should not be treated as a secure means of
communication. Please bear this in mind when deciding what information to
include in any email messages you send the Council. The Council does not
accept service of legal documents by email. The Council reserves the right
to monitor record and retain incoming and outgoing emails for security
reasons and for monitoring compliance with our policy on staff use. As a
public body, the Council may be required to disclose the contents of
emails under data protection laws and the Freedom of Information Act 2000.
We will withhold information where there is a good reason to do so. For
information about what we do with personal data see our privacy notices on
www.eastriding.gov.uk/privacyhub.     

Freedom of Information, East Riding of Yorkshire Council

3 Attachments

Dear Mr Jones

I can confirm that your review is in progress and a response will be sent
to you as soon as possible.  Please accept my apologies for the delay.

Yours sincerely

Information Governance and Feedback
Web:  [1]www.eastriding.gov.uk
Twitter:   [2]www.twitter.com/East_Riding
Facebook:   [3]www.facebook.com/eastridingcouncil
[4][IMG]
Please note: You may receive emails from me outside normal working hours.
I do not expect you to either read or respond to these outside of your
working hours unless you choose to do so. Work life balance is important!

From:        "Edward Jones" <[FOI #672339 email]>
To:        "Freedom of Information" <[East Riding of Yorkshire Council request email]>
Date:        07/09/2020 16:43
Subject:        Re: Freedom of Information - Review Request FOI 12084 -
FWD TO MATHEW BUCKLEY - JB

show quoted sections

Please use this email address for all replies to this request:

[FOI #672339 email]

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All East Riding of Yorkshire Council emails and attachments (other than
information provided pursuant to the Freedom of Information Act 2000 or
the Environmental Information Regulations 2004) are private and intended
solely for the use of the individual or entity to whom they are addressed.
Unauthorised use is not permitted. If this email was not intended for you,
you may not copy, use or share the information in any way. Please email
[email address] to advise us that you have received this
email in error. The Council makes every effort to virus check this email
and its attachments. We cannot accept any responsibility or liability for
loss or damage which may happen from opening this email or any
attachment(s). It is recommend that you run an antivirus program on any
material you download. This message has been sent over the internet and
unless encrypted email should not be treated as a secure means of
communication. Please bear this in mind when deciding what information to
include in any email messages you send the Council. The Council does not
accept service of legal documents by email. The Council reserves the right
to monitor record and retain incoming and outgoing emails for security
reasons and for monitoring compliance with our policy on staff use. As a
public body, the Council may be required to disclose the contents of
emails under data protection laws and the Freedom of Information Act 2000.
We will withhold information where there is a good reason to do so. For
information about what we do with personal data see our privacy notices on
www.eastriding.gov.uk/privacyhub.     

References

Visible links
1. file:///tmp/www.eastriding.gov.uk
2. file:///tmp/www.twitter.com/East_Riding
3. file:///tmp/www.facebook.com/eastridingcouncil
4. https://www.nhs.uk/ask-for-a-coronavirus...
5. file:///tmp/www.eastriding.gov.uk
6. file:///tmp/www.twitter.com/East_Riding
7. file:///tmp/www.facebook.com/eastridingcouncil
8. file:///tmp/www.eastriding.gov.uk/privacyhub
9. file:///tmp/www.eastriding.gov.uk
10. file:///tmp/www.twitter.com/East_Riding
11. file:///tmp/www.facebook.com/eastridingcouncil
12. https://www.nhs.uk/ask-for-a-coronavirus...
13. https://www.whatdotheyknow.com/help/offi...
14. https://www.whatdotheyknow.com/help/ico-...

Dear Freedom of Information,

I am still awaiting the response of the internal review. Please let me know when I can expect it?

Yours sincerely,

Edward Jones

Freedom of Information, East Riding of Yorkshire Council

Thank you for emailing the East Riding of Yorkshire Council Freedom of
Information team. This account is monitored by a number of officers and
the Council will respond to you.
Freedom of Information and the Coronavirus (COVID -19)
The Information Commissioner recognises the unprecedented challenges
facing local authorities during the coronavirus (COVID-19) pandemic, in
particular that resources, whether they are finances or people, may be
diverted away from usual compliance or information rights work. Whilst we
will endeavour to meet the statutory timescales we may need to adapt our
approach during this extraordinary period and you may experience
understandable delays when making requests for information.
All East Riding of Yorkshire Council emails and attachments (other than
information provided pursuant to the Freedom of Information Act 2000 or
the Environmental Information Regulations 2004) are private and intended
solely for the use of the individual or entity to whom they are addressed.
Unauthorised use is not permitted. If this email was not intended for you,
you may not copy, use or share the information in any way. Please email
[email address] to advise us that you have received this
email in error. The Council makes every effort to virus check this email
and its attachments. We cannot accept any responsibility or liability for
loss or damage which may happen from opening this email or any
attachment(s). It is recommend that you run an antivirus program on any
material you download. This message has been sent over the internet and
unless encrypted email should not be treated as a secure means of
communication. Please bear this in mind when deciding what information to
include in any email messages you send the Council. The Council does not
accept service of legal documents by email. The Council reserves the right
to monitor record and retain incoming and outgoing emails for security
reasons and for monitoring compliance with our policy on staff use. As a
public body, the Council may be required to disclose the contents of
emails under data protection laws and the Freedom of Information Act 2000.
We will withhold information where there is a good reason to do so. For
information about what we do with personal data see our privacy notices on
www.eastriding.gov.uk/privacyhub.