East Sussex County Council Pension Fund

Sarah Roberts made this Freedom of Information request to East Sussex County Council

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 East Sussex County Council.

Dear East Sussex County Council,

I would like to request the following information:

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

Ideally this information would be broken down into the different
categories, 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.

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

3) The current yields of the different investments the pension fund
holds.

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

5) I would like to receive this information in an unlocked excel
sheet without protext cells (.xls). If you have to password protect
the excel sheet, can you also provide the password to the excel
sheet.

I would like to receive the information in electronic format if
possible. 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 confidentially 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.'(i)

Finally, within the law of confidence these 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,

Sarah Roberts

(i) 'Freedom of Information Awareness Guidance 5: Commercial
Interests' Office of the Information Commissioner, Page 10,
https://ico.org.uk/media/for-organisatio...

Freedom of Information, East Sussex County Council

 

 

Dear Ms Roberts

 

FOI Request ref: 5844 / ESCC Pension Fund

 

Thank you for your request for information about the above. Your request
was received on 17/7/2015 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We always aim to respond as quickly as possible, and in this case will do
so no later than 14/8/2015, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

Amilia Holland

Customer Information Adviser

 

East Sussex County Council

Communities Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913
Fax: 01273 481208

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

P  please consider the environment - do you really need to print this
email

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

1 Attachment

 

Dear Ms Roberts

 

FOI Request ref: 5844 / ESCC Pension Fund

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000 (FOIA).
Your request and our response are set out below. Please note that any
information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

I would like to request the following information:

 

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

 

Ideally this information would be broken down into the different
categories, 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.

 

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

 

3) The current yields of the different investments the pension fund holds.

 

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

 

5) I would like to receive this information in an unlocked excel sheet
without protext cells (.xls). If you have to password protect the excel
sheet, can you also provide the password to the excel sheet.

 

RESPONSE

 

Please find attached a spreadsheet showing the investments that the East
Sussex Pension Fund held at the 30 June 2015.

 

We do not hold any data on the yields that the investments which are held
by the East Sussex Pension Fund are currently receiving so cannot provide
this information. The investment strategy of the East Sussex Pension Fund
is focused on the long term growth of the fund and not the short term
yields which the investments are achieving.

 

Section 21 FOIA removes the obligation to provide information on demand
where that information is reasonably accessible to the applicant
elsewhere. The annual investment performance of the East Sussex Pension
Fund, over various time periods, is shown in the annual accounts and
reports which are published on the East Sussex Pension Fund website at the
following link

 

[1]http://www.eastsussexpensionfund.org/abo...

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [2][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [3]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913

email: [4][East Sussex County Council request email]   web: [5]www.eastsussex.gov.uk/foi

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email 

 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2005, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. http://www.eastsussexpensionfund.org/abo...
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.org.uk/
4. mailto:[East Sussex County Council request email]
5. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

 

Dear Mr Caines

 

FOI Request ref:  5904 / Further questions arising out of FOI 5885/ MIS
System

 

Thank you for your request for information about the above. Your request
was received on 30/7/2014 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

We always aim to respond as quickly as possible, and in this case will do
so no later than 27/8/2015, which is the 20 working day deadline. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.

In some circumstances a fee may be payable and if that is the case, I will
let you know. A fees notice will be issued to you, and you will be
required to pay before we proceed in dealing with your request.

Please quote the above reference number in any communication regarding
this request.

 

Yours sincerely

 

 

 

Jeremy Coleman

Customer Information Officer

East Sussex County Council

Communities Economy and Transport Directorate

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913

email: [1][East Sussex County Council request email]   web: [2]www.eastsussex.gov.uk/foi

P  please consider the environment - do you really need to print this
email

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

Dear Mr Caines

 

FOI Request ref:  5904 / Further questions arising out of FOI 5885/ MIS
System

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000 (FOIA).
Your request and our response are set out below. Please note that any
information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.

 

REQUEST

 

Can I please have clarification to the answer's for

2. d "Base charge plus per pupil elements"
3. c "Base charge plus per pupil elements"

What is the exact base charge and per pupil elements?

Can I also have clarification for answer 2. c "This is a framework
agreement from which schools can choose to purchase or not as they prefer
and as such there are no committed costs." Which framework is this? Who
are the other suppliers? Can you please provide me with the full details
of the framework.

RESPONSE

 

2.d and 2.c

We have assessed you request and concluded that what you have asked for is
commercially sensitive information. Schools ICT is a fully traded service,
part of ICT Partnerships and Commercial Development service; revealing our
pricing structure would prejudice our commercial interests. We have 3rd
party competitors who will use the information to undercut us. We will
lose the customers and the County Council will lose the revenue.
Commercially sensitive information is exempt from disclosure and our
authority to withhold it comes from Section 43(2) FOIA. This is a
qualified exemption, which means that we are required to weigh the public
interest in us releasing the information against the public interest in us
withholding it. We are permitted up to 20 working days in which to carry
out this public interest test. We will therefore provide you with our
final response by 4/9/2015, which is the 20 working day deadline.

 

 

With regard to 2c the framework is a single supplier framework entered
into for East Sussex, Surrey, Kent and Brighton and Hove as a result of a
procurement exercise held in 2013/14

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [2]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913

email: [3][East Sussex County Council request email]   web: [4]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email

 

 

 

Copyright and Re-Use of information

1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
publishing / issuing copies to the public.

2. Copyright in the information is owned by East Sussex County Council
and/or its contractor(s) unless otherwise stated. Brief extracts of the
material can be reproduced under the “fair dealing” provisions of the
Copyright Design and Patents Act 1988 (S.29 and S.30) for the purposes of
research for non-commercial purposes, private study, criticism, review and
news reporting.

3. We do not give permission for this information to be used for the
purposes of direct marketing.

4. If you wish to use this information then, in accordance with the
Regulations on the Re-use of Public Sector Information 2005, you must
first ask our permission. Such re-use may or may not involve the granting
of a licence and the application of a Fee.

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[East Sussex County Council request email]
4. http://www.eastsussex.gov.uk/foi

Freedom of Information, East Sussex County Council

 

Dear Mr Caines

 

FOI Request ref:  5904 / Further questions arising out of FOI 5885/ MIS
System

 

Thank you for your request for information about the above, which has been
dealt with under the terms of the Freedom of Information Act 2000 (FOIA).
Further to our earlier response. Section 43(2) FOIA provides that
commercially sensitive information is exempt from disclosure. This is a
qualified exemption, which means that we are required to weigh the public
interest in us releasing the information against the public interest in us
withholding it.

 

We have conducted this public interest test and we acknowledge that there
is a public interest in the disclosure of financial information held by
public authorities. This serves to ensure transparency and accountability
in the use of public money and the way services are provided. Such
transparency promotes public understanding. An informed and involved
public helps to promote good decision making by public authorities; thus
helping to secure the best use of public resources.

 

However there are occasions where it is appropriate not to release
information upon request. When considering requests for information where
a qualified exemption has been applied, we have to recognise that
disclosure under the Freedom of Information Act is considered to be made
to the public at large and not just to the individual requester. We have
taken into account that the requester’s private interests are not in
themselves the same as the public interest and that what may serve those
private interests does not necessarily serve a wider public interest.
Also, that what may be of interest to the public should be distinguished
from what is in the public interest.

 

We consider that there is a public interest in the County Council
maintaining it’s ability to achieve best value by generating income. This
is particularly so in the current climate of cuts in funding, which is
driving the need for the County Council to identify more and more
efficiency savings. The release of details about authority pricing
structures and calculations could undermine our ability to secure the best
price for services provided. It could also undermine the authority’s
position in the offer / provision of services for payment. We have also
considered that the release of this information could have a negative
effect on the County Council’s relationship with current service users. It
is likely that all of these factors, individually and when taken together,
would have a negative impact on our ability to achieve best value and
would increase the burden on the public purse. This is not in the public
interest.

 

Having considered the arguments for and against the release of this
information, we have concluded that the public interest in withholding
this information outweighs any public interest considerations regarding
it’s release. The information will not be provided.

 

 

I hope that this answers your enquiry. If you believe that the County
Council has not complied with the FOI Act in responding to your request,
you may ask for an internal review. If you wish to do so, please set out
the grounds of your appeal in writing to:

 

Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.

or by email to him at [1][email address]

 

Please quote the FOI reference number in any communication regarding this
particular request.

 

If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113.  [2]www.ico.org.uk

 

Yours sincerely

 

Jeremy Coleman

Customer Information Officer

East Sussex County Council

Communities, Economy and Transport

W1D, County Hall

St Anne’s Crescent

Lewes

East Sussex BN7 1UE

 

Phone: 01273 482913

email: [3][East Sussex County Council request email]   web: [4]www.eastsussex.gov.uk/foi

P    please consider the environment - do you really need to print this
email

 

 

This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.

E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.

Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.

You can visit our website at http://www.eastsussex.gov.uk

References

Visible links
1. mailto:[email address]
mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[East Sussex County Council request email]
4. http://www.eastsussex.gov.uk/foi