Exempt Appendix E of the Cabinet Papers of
Dear Haringey Borough Council,
I am writing to make an open government request for all the information to which I am entitled under the Freedom of Information Act 2000.
If this request is too wide or unclear, I would be grateful if you could contact me as I understand that under the Act, you are required to advise and assist anyone making such a request. If any of this information is already in the public domain, please can you direct me to it, with page references and URLs if necessary.
If the release of any of this information is prohibited on the grounds of breach of confidence, I ask that you supply me with copies of the confidentiality agreement and remind you that information should not be treated as confidential if such an agreement has not been signed.
I understand that you are required to respond to my request within the 20 working days after you receive this letter. I would be grateful if you could confirm in writing that you have received this request.
I look forward to hearing from you.
I refer to the London Borough of Haringey Cabinet meeting held on 18th October 2016 Specifically Item 30 on the agenda
RECOMMENDATION OF A PREFERRED BIDDER TO SECURE THE FUTURE OF HORNSEY TOWN HALL.
This item covers information which is said to be exempt from publication as defined under paragraph, 3 and 5 Part 1, schedule 12A of the Local Government Act 1972. The information to be discussed during the section of the meeting from which the public is excluded is described on page 349 of the Public Reports pack as
Appendix E - Part B: Exempt report
I believe there may be parts of this information which is not exempt and could be made available to the public.
Please provide me, by email, with an electronic copy of Appendix E, in MSWord or pdf format, redacted to exclude only that information specifically protected by paragraphs 3 and 5 of the quoted Act.
Whilst this is a re-submission of a request made earlier which was refused I do not believe the request to be vexatious or repetitious as circumstances have changed:
1) Part of the reason for the previous refusal was that "a contract has not yet been awarded". This is no longer true. A development agreement has been signed between Haringey and FEC
2) Sufficient time has passed for any appeals or objections by failed bidders to be out of time. There is no prejudice for commercial reasons
3) In a reply to a further request for sight of the development agreement(the contract referred to in point 1) , reference LBH/6653417 , your response made reference to the cabinet meeting of October 2016, the key elements of which are in the exempt data. It is unreasonable to refuse access to the development agreement based on the assertion that I have access to papers to which I do not have access.
Yours faithfully,
Adrian Essex
Dear Mr Essex
Freedom of Information / Environmental Information Regulations Request:
LBH/6760517
I acknowledge your request for information received on 30 October 2017.
This information request will be dealt with in accordance with the Freedom
of Information Act 2000 / Environmental Information Regulations and we
will send the response by 27 November 2017
Yours sincerely,
Feedback and Information Governance
Shared Service Centre | Central Team
Haringey Council
10th Floor, Alexandra House, 10 Station Road, Wood Green, London N22 7TR
facebook.com/haringeycouncil
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Dear Mr Essex,
Re: Freedom of Information Act Request ref: LBH/6760517
Thank you for your request for information received on 30 October 2017, in
which you asked for the following information:
Please provide me, by email, with an electronic copy of Appendix E, in
MSWord or pdf format, redacted to exclude only that information
specifically protected by paragraphs 3 and 5 of the quoted Act.
My response is as follows:
We hold the information you have requested, however this information was
included as exempt at Cabinet as it is all commercially sensitive
information and therefore cannot be provided. Since Cabinet we have
confirmed to you the payment to the Council by the preferred bidder for
the lease of the site will be £3.5m, however as you are aware all other
information included in the exempt part relates to bidders tender scores
and remains exempt.
Section 43 of the Freedom of Information Act allows us to withhold
information if to provide it would be likely to prejudice the commercial
interests of any person and it is in the public interest to withhold the
information. We think that to disclose the scores of bidders would
prejudice the commercial interests of bidders. We do not believe it would
be in the public interest for this information to be placed in the public
domain as the procurement concluded over a year ago and therefore bidders
scores has no impact on the current stages of the project. This
constitutes a formal refusal to provide this information, as required
under the Freedom of Information Act.
If you are unhappy with how we have responded to your request you can ask
us to conduct an Internal Review. If so, please contact the Feedback and
Information Team as below. (Please note you should do this within two
months of receiving this response.)
Feedback and Information Team
10th Floor, Alexandra House
10 Station Road
London
N22 7TR
E [1][email address]
Yours sincerely,
Saheeda Bowmer
Senior Project Manager
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