Free train travel for Ukrainian refugees.
Dear Northern Ireland Transport Holding Company,
I am wishing to make a Freedom Of Information Act 2000 request to you.
As i am sure you are aware the UK government has announced that from this Sunday 20/03/2022 all Ukrainian refugees will be given free travel on all train operators in the UK.
Please advise if the government is paying you to do this? If so how much are they paying you? Is it a set amount you are being paid or will you be reimbursed for each journey taken by a Ukrainian refugee? Also which is the exact government department that is paying you?
Please also provide me copies of all internal emails and internal documents and any staff training documents (which can be redacted to remove any personal details) that you have regarding this policy of allowing Ukrainian refugees free travel?
Finally how long is this policy of allowing free travel to Ukrainian refugees going on for? Is there an end date to it? If so when? Or is it just until further notice?
I look forward to your reply.
Yours faithfully,
Simon Atkinson
Dear Mr Atkinson,
Thank you for your email of 19 March 2022. We acknowledge receipt of this
email under the Freedom of Information Act 2000 (“The Act”).
You have requested the following information in relation to free train
travel across the UK for Ukrainian refugees:
1. Please advise if the government is paying you to do this?
2. If so how much are they paying you?
3. Is it a set amount you are being paid or will you be reimbursed for
each journey taken by a Ukrainian refugee?
4. Also which is the exact government department that is paying you?
5. Copies of all internal emails and internal documents and any staff
training documents (which can be redacted to remove any personal details)
that you have regarding this policy of allowing Ukrainian refugees free
travel?
6. Finally how long is this policy of allowing free travel to Ukrainian
refugees going on for?
7. Is there an end date to it? If so when? Or is it just until further
notice?
Please be advised, the Act allows us up to 20 working days (excluding any
UK statutory holidays) to process a valid request for information. We may,
however, need to contact you if we require any clarifications on your
request. If no clarifications are required, you should expect to receive a
response on or before 15 April 2022.
If you have any queries, please do not hesitate to contact us.
Regards,
FOI Team – Translink
[1][email address]
[2]A close-up of a logo Description automatically generated with medium
confidence
Dear Mr Atkinson,
Freedom of Information Act 2000- (Our Reference: FOI1174)
Thank you for your Freedom of Information (FOI) request of 19 March 2022.
Translink responds to your FOI request as follows.
Response
As required by section 1(1)(a) of the Act, we can confirm that we do hold
the information specified in your request.
1. Please advise if the government is paying you to do this?
All Translink services are funded through Public Service Obligation.
2. If so how much are they paying you.
To be determined.
3. Is it a set amount you are being paid or will you be reimbursed for
each journey taken by a Ukrainian refugee?
All Translink services are funded through Public Service Obligation.
4. Also which is the exact government department that is paying you?
Department for Infrastructure.
5. Copies of all internal emails and internal documents and any staff
training documents (which can be redacted to remove any personal
details) that you have regarding this policy of allowing Ukrainian
refugees free travel?
Please find attached “Annex A” outlining all relevant internal
correspondence held in regards to the intended subject matter. Please
note, any personal data has been withheld and redacted in black. Section
40(2) – third party personal information refers below.
6. Finally how long is this policy of allowing free travel to Ukrainian
refugees going on for?
3 months
7. Is there an end date to it? If so when? Or is it just until further
notice?
3 months starting from 30 March 2022.
Section 40(2) – Third party personal information
Information containing third party personal data, including employee
names, email addresses, phone/ mobile numbers and any other information
that may identify any individual have been exempt and redacted in black
from disclosure under Section 40(2) of the Act.
The Data Protection Act 2018 (‘the DPA’) defines “personal data” as “any
information relating to an identified or identifiable living individual”.
“Identifiable living individual” relates to a living individual who can be
identified, either directly or indirectly. Names, phone numbers and email
addresses are considered personal data, but this can also mean any
information, whereby an individual can be identified from that particular
data or can be distinguished from other individuals.
In assessing whether it would be fair to disclose the third party personal
information we have considered the DPA, the general principles of
accountability and the public interest in disclosure, under which third
parties do expect some information about them to be made public.
The DPA requires that personal data be processed “lawfully, fairly and in
a transparent manner” in relation to the data subject (the first data
protection principle). Translink, as a data controller, is required to
comply with the provisions of the DPA. This includes ensuring that all
personal data held is processed in accordance with the data protection
principles. Two of the principles specify that personal data should (i) be
kept secure; and (ii) not be used without the consent of the person to who
the data relates or shared with their parties against their wishes.
Moreover, Section 94(6) of the DPA18 sets out that, where we cannot
release information without disclosing information relating to another
identifiable individual, we are not obliged to comply with the request
unless:
1. The third parties have consented to the disclosure of the information
to the requestor, or;
2. It is reasonable in all the circumstances to comply with the request
without the consent of the third parties.
As Data Controllers, Translink must adhere to the Act and ensure that we
preserve and protect the rights of individuals. In assessing whether it
would be fair to disclose this information, we have considered the general
principles of accountability and public interest in disclosure (under
which Translink employees do expect some information about them to be made
public) but we are not satisfied that these outweigh the expectations of
those individuals in respect of this information and the potential impacts
of disclosure.
For the reasons set out, we consider that disclosing this information
would jeopardise the principles of the DPA and undermine our
responsibilities as a data controller and thus the exemption under Section
40(2) is engaged.
Review Procedure
If you are not satisfied with this response you may request a review by
writing to the Translink General Counsel and Company Secretary, who has
overall responsibility for Freedom of Information and Data Protection
issues within this organisation. Correspondence should be addressed to the
above-mentioned at: Translink, 22 Great Victoria Street, Belfast BT2 7LX
or by email to [1][NITHCo / Translink request email].
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to the Information Commissioner who will make an independent
judgement. The address of the Information Commissioner is: Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF. The address of the Information
Commissioner’s Office for Northern Ireland is: 3rd floor, 14 Cromac Place,
Gasworks, Belfast, BT7 2JB.
Yours sincerely,
The FOI/DPA Team
[2][email address]
Journeys and more at www.translink.co.uk
Translink is a trading name used by any one or more of the companies under
the ultimate ownership of the Northern Ireland Transport Holding Company
(NITHC). The Group comprises NITHC as parent company which owns Citybus
Limited (which also trades as “Metro”) (NI009039) Flexibus Limited
(NI006724) Ulsterbus Limited (NI006725), Translink (NI) Limited (NI006673)
and NIR Networks Limited (NI017638) - each of which is registered in
Northern Ireland and has its registered office at 22 Great Victoria
Street, Belfast BT2 7LX; Northern Ireland Railways Company Limited
(NI006929) which is registered in Northern Ireland and has its registered
office at 22 Great Victoria Street, Belfast BT2 7LX; and NIR Operations
Limited (NI021091) which is registered in Northern Ireland and has its
registered office at Lanyon Place Station, 47 East Bridge Street, Belfast
BT1 3NR.
References
Visible links
1. mailto:[NITHCo / Translink request email]
2. mailto:[email address]
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