Information Governance team
Wirral Council
FOI Reference: 748405
PO Box 290
Email: xxxxxxxxxxxxxxxxxx@xxx.xxxxxx.xxx.xx
Wallasey
Date: 11 March 2025
CH27 9FQ
Ian Lewis
Dear Ian Lewis
Please accept our apologies for the slight delay in response.
Environmental Information Regulations 2004 'Please provide copies of email, text or WhatsApp correspondence regarding the Core Active Travel
Network sent from any of the following:
- Assistant Director for Highways and Infrastructure
- 'Lead Commissioner' for Strategic Transport and Technology
- Strategic Transport Project Manager
- Chair of the Environment, Climate Emergency and Transport Committee
Between 1 January 2025 and today'
Your request has been dealt with under the provisions of the Environmental Information
Regulations 2004 (EIRs)
Please find your response as follows:
Regarding correspondence for the Core Active Travel Network for the time period
requested Wirral Council decline to provide copy correspondence for internal
communication under Regulation 12 4 e EIRs, which provides an exception to
disclosure of internal communications. This exception is designed to allow private
space to think and reach decisions without interference and correspondence can be
withheld if it is believed that disclosure would harm the decision-making process.
Correspondence between Senior officers and members should be excepted from
disclosure to enable discussions to take place and decisions to be reached
appropriately, with freedom to discuss all options. Disclosing such discussions would
clearly have the potential to stifle free exchange of ideas.
To use this exception, we are required to undertake a public interest test. The matters
which were considered in applying the public interest test are as follows:
In favour of disclosing the information
• May improve transparency by allowing the public to understand how and why
decisions have been taken
• May reassure the public that decision makers have been properly advised and
all aspects considered
• Where the subject of a request relates to an issue which is of significant local
interest and is likely to involve significant public expenditure
In favour of withholding the information
• Wirral Council relies on the factor of 'safe space' for thinking privately about how
a project will move forward in its development
• That disclosure would undermine the process of collective policy formulation in
agreeing the way forward with this and other projects
• The damaging effect of disclosure on the commercial viability of this project.
Regarding correspondence sent externally Wirral Council can provide the attached
communications regarding its Core Active Travel Network. However we decline to
provide correspondence which relates to unfinished material, classed as working
material which we consider to be commercially confidential under Regulation 12 5 e
EIRs,. This exception provides that a public authority may refuse to disclose
information to the extent that its disclosure would adversely affect the confidentiality of
commercial or industrial information where such confidentiality is provided by law to
protect a legitimate economic interest. It is considered that the requested information
has the necessary quality of confidence, it is not trivial nor is it in the public domain.
The confidentiality is provided to protect legitimate economic interests and disclosure to
a member of the public would cause harm both to the Council and to third party[s].
To use this exception, we are required to undertake a public interest test. The matters
which were considered in applying the public interest test are as follows:
In favour of disclosing the information
• May improve transparency by allowing the public to understand how and why
decisions have been taken
• May reassure the public that decision makers have been properly advised and
all aspects considered
• Where the subject of a request relates to an issue which is of significant local
interest and is likely to involve significant public expenditure
In favour of withholding the information
• Disclosure would undermine the relationship between the Council and third
party[s]
• Disclosure would adversely affect the Council's ability to obtain confidential
information and prejudice the commercial interest of the third party[s].
• Disclosure would affect the Council's ability to seek information in future, if it
were known that information could be disclosed to a member of the public.
Therefore, please find attached in response, information amounting to personal data is
redacted.
Wirral Council do confirm there is no text or WhatsApp correspondence.
It is therefore this Council's position that the public interest in maintaining that the
exceptions contained within Regulation 12 4 e, 12 5 e EIRs, outweigh the public
interest test in disclosure. The Council relies upon these exceptions and this response
therefore acts as a refusal notice under regulation 14 of the Environmental Information
Regulations.
Wirral Council considers that information amounting personal data is exempt
information, as contained in Regulation 13 EIR . It considers that the disclosure of
requested information would contravene the Data Protection Act 2018 because
personal data shall be lawful and fairly processed in relation to individual(s) and we
consider that the individual(s) concerned would have a legitimate expectation that their
personal data would not be further processed, the attachment provided is therefore
redacted accordingly.
Please quote the reference number 748405 in any future communications.
If you are dissatisfied with the handling of your request, you have the right to ask for an
internal review. Internal review requests should be submitted within two months of the
date of receipt of the response to your original request and should be addressed to:
Information Request Team
Wirral Council
PO Box 290
Wallasey
CH27 9FQ
Email: xxxxxxxxxxxxxxxxxx@xxx.xxxxxx.xxx.xx
If you are still dissatisfied with our response after the internal review you have a right of
appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website: www.ico.org.uk
I will now close your request as of this date.
Yours sincerely
Tracy O'Hare
Senior Information Governance Officer
