Highland Council Pension Fund
Dear Highland Council,
I would like to request the following information:
1) The full details of what the Highland 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I ask these questions because guidance issued by both the Lord Chancellor (draft guidance on FOI implementation) and the Office of Government Commerce (Model terms and conditions for goods and services) specifically state that public authorities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...
FOI Request 1235792
Dear Ms Roberts,
We acknowledge receipt of your request for information under the Freedom
of Information Act / Environmental Information Regulations received on
02/09/2015.
The Highland Council will endeavour to respond within the legislative time
scale of 20 working days from date of receipt unless further clarification
of your request is required.
Further information on response times can be found at:
[1]www.itspublicknowledge.info/YourRights/HowlongwillIwait.asp
Yours Sincerely,
The Highland Council
This is an automatically generated email - PLEASE DO NOT REPLY Unless
related to the business of The Highland Council, the views or opinions
expressed within this e-mail are those of the sender and do not
necessarily reflect those of The Highland Council, or associated bodies,
nor does this e-mail form part of any contract unless so stated.
Mura h-eil na beachdan a tha air an cur an cèill sa phost-d seo a'
buntainn ri gnothachas Chomhairle na Gàidhealtachd, 's ann leis an neach
fhèin a chuir air falbh e a tha iad, is chan eil iad an-còmhnaidh a'
riochdachadh beachdan na Comhairle, no buidhnean buntainneach, agus chan
eil am post-d seo na phàirt de chunnradh sam bith mura h-eil sin air
innse.
Listening * Open * Valuing * Improving * Supporting * Partnering * Delivering
Èisteachd * Fosgailte * Luach * Leasachadh * Taic * Com-pàirteachas *
Lìbhrigeadh
References
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1. http://www.itspublicknowledge.info/YourR...
Ms Roberts
Please see attached the response to your Freedom of Information Request
received on 2 September 2015.
Morag Creighton
Customer Services Officer
Business Support Team
Finance Service
Tel: 01463 702036
Email:[email address]
Unless related to the business of The Highland Council, the views or
opinions expressed within this e-mail are those of the sender and do not
necessarily reflect those of The Highland Council, or associated bodies,
nor does this e-mail form part of any contract unless so stated.
Mura h-eil na beachdan a tha air an cur an cèill sa phost-d seo a'
buntainn ri gnothachas Chomhairle na Gàidhealtachd, 's ann leis an neach
fhèin a chuir air falbh e a tha iad, is chan eil iad an-còmhnaidh a'
riochdachadh beachdan na Comhairle, no buidhnean buntainneach, agus chan
eil am post-d seo na phàirt de chunnradh sam bith mura h-eil sin air
innse.
Listening * Open * Valuing * Improving * Supporting * Partnering * Delivering
Èisteachd * Fosgailte * Luach * Leasachadh * Taic * Com-pàirteachas *
Lìbhrigeadh
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