HS2 related economic analysis

The request was successful.

Dear Merseytravel,

1. Please send me a copy of the new economic report referred to at this article.

http://www.liverpoolecho.co.uk/news/hs2-...

2. Please also send me a copy of any previous cost benefit and/or economic analysis held by merseytravel in respect of HS2 and in respect of any other rail infrastructure proposals.

Yours faithfully,

Dr Paul Thornton

Fitzpatrick, Anthony, Merseytravel

Dear Dr Thornton,

Thank you for your email.

Your request is now being dealt with in accordance with the provisions of the Freedom of Information Act 2000 and I will return to you further with a response by Monday 18th of August at the latest.

Kind regards,

Tony Fitzpatrick
Legal Information Officer
Legal and Democratic Services

Merseytravel
P.O. Box 1976
Liverpool
L69 3HN

T: 0151 330 1679

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Fitzpatrick, Anthony, Merseytravel

1 Attachment

Dear Sir,

Thank you for your recent request in relation to HS2 related economic analysis, which has been dealt with under the Environmental Information Regulations 2004 ('EIR')

Please find attached a copy of the report referred to in the Liverpool Echo on 13 June 2014

In terms of 'previous cost benefit and/or economic analysis held by Merseytravel in respect of HS2 and in respect of any other rail infrastructure proposals', details of previous rail projects can be found within the committee papers dating back to 2011 available on our website at: http://moderngov.merseytravel.uk.net/ieD... Any reports or minutes relating to HS2 can be found using the search function within this part of the website. The relevant search function is located at: http://moderngov.merseytravel.uk.net/ieD... If there is any particular timeframe that you wish to receive this information from or any individual projects that you would like relevant information for please do not hesitate to contact me further and I will assist in providing this information.

There is a Liverpool City Region: Long Term Rail Strategy report, that has been commissioned by Merseytravel on behalf of the Liverpool City Region, due to be presented to the members of the Liverpool City Region Combined Authority on 19th September 2014. We consider that this is material in the course of completion and as such Regulation 12(4)(d) is engaged. This Regulation is subject to a public interest test and in this instance it is felt that at the present time, the factors in favour of withholding the information at this stage outweigh the factors in favour of disclosure. The report has not yet been considered by members of either the Merseytravel Committee or the Liverpool City Region Combined Authority and release of the information at this stage could influence the debate impacting upon any decisions to be made on the report at these meetings. I am therefore withholding the disclosure of the details of the study under EIR Regulation 12(4)(d). The report will however be available at http://moderngov.merseytravel.uk.net/ieL... from 27th August 2014. The agenda and reports for the Liverpool City Region Combined Authority meeting on 19th September will be available 7 days before the meeting at http://councillors.knowsley.gov.uk/ieLis...

I trust that this is the information that you require, however, if you are not satisfied with the handling of your request you have the right to ask for an internal review. Any internal review request should be submitted to Mrs Louise Outram, Head of Legal and Committee Services, Merseytravel, P.O. Box 1976, Liverpool, L69 3HN (email: [email address]).

If you are subsequently not content with the outcome of any internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe house, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Kind regards,

Tony Fitzpatrick
Legal Information Officer
Legal and Democratic Services

Merseytravel
P.O. Box 1976
Liverpool
L69 3HN

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For the attention of

Mrs Louise Outram,
Head of Legal and Committee Services,
Merseytravel,
P.O. Box 1976,
Liverpool,
L69 3HN

By email

Dear Mrs Outram,

HS2 related economic analysis

I refer to a response from your colleague Anthony Fitzpatrick dated 18th August 2014 to a request for information under the provisions of the Environmental Information Regulations 2014. The entirety of the exchange is on line at the following web address.

https://www.whatdotheyknow.com/request/h...

I have received some of the requested information.

Mr Fitzpatrick advises that a further new report has been withheld under EIR section 12(4)(d). I welcome the acknowledgement that the information withheld is environmental information under the terms of the regulations.

While recognising that it is intended to publish the requested information on the 27th August, I am writing to request an urgent review of the decision 1. to ensure that the provision of this information is in no way further delayed and 2. to seek your acknowledgement that the withholding of the requested information on this occasion was an error.

Firstly, it is implicit in Mr Fitzpatrick’s response that the document in question is ready for publication. As such it is already complete. It is not an unfinished document nor does the categorisation of “incomplete data” apply. EIR Section 14(4)(d) cannot be engaged.

It should be noted that while the exception under section 22 of the Freedom of Information Act would allow the information to be with held prior to planned publication at some future date, the FOIA exceptions, cannot be engaged in respect of environmental information.

Further, there is a misdetermination in the consideration of the public interest balance.

The response does not take account of the presumption in favour of publication that arises under the EIRs, as distinct from FOIA.

While Mr Fitzpatrick claims the factors in favour of withholding the information outweigh the factors in favour of disclosure, he has provided no clarification of what those factors are.

He observes, as a matter of fact, that the report has not yet been considered by members of the Merseytravel committee and the Liverpool City Region Combined Authority but this is irrelevant as an argument against immediate publication.

On the complete contrary, Mr Fitzpatrick claims that “release of the information at this stage could influence the debate impacting upon any decisions to be made on the report at these meetings.” The provision of information to inform the public democratic process prior to decisions being made is exactly the purpose of the Aarhuss convention and thus the European Directive from which the EIRs derive. Mr Fitzpatrick has documented exactly why environmental information must be published at the earliest opportunity.

Further, he makes the observation that publication of the document is planned in the near future. This confirms that there is no further justification for withholding the information so, as it has been requested, it should have been published forthwith.

I would be grateful if you would arrange an expedited review of this decision. While the EIRs provide for a MAXIMUM period for a response, the obligation on the public authority is for the response to be provided “as soon as possible”. Against that background the report should be provided to me by return on Tuesday 26th August .

Yours sincerely,

Dr Paul Thornton