KPMG "due diligence" report on LDL

Katie M. made this Freedom of Information request to Liverpool City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Liverpool City Council,

In relation to the proposal to transfer ownership of LDL to the Council debated last night by the Mayoral Select Committee, it was stated by the Council that the report could not be released as it KPMG considered it confidential. Or words to that effect.
Could you please supply a copy of the KPMG terms and conditions or other communication that, in the Council's view, prevent the disclosure of the full report.

Cordially,

Catherine Byrne

Symm, Kevin, Liverpool City Council

Dear Ms Byrne

To clarify; you're requesting a copy of any confidentiality agreement which may exist between the City Council and KPMG in relation to the report discussed at the Mayoral Select Committee of the 29 October 2014?

Regards,

Kevin Symm I Senior Information Officer
Liverpool City Council I Municipal Buildings I Dale Street I Liverpool I L2 2DH
T: 0151 225 3132 I E: [email address]
Online: www.liverpool.gov.uk

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Dear Mr Symm,

Not quite. I wanted to also cover the eventuality that the confidentiality issue might have been dealt with in the terms and conditions of the engagement of KPMG rather than in a specific confidentiality agreement. And/or that the issue might have been discussed or clarified in other communications between KPMG and the Council. So I want any document, email or anything else which mentions the confidential nature of the KPMG report.
Cordially,

Catherine Byrne

Symm, Kevin, Liverpool City Council

Dear Ms Byrne

To clarify further; you require, any documentation held by the City Council which refers to any confidentiality which may exist between the City Council and KPMG in relation to the report discussed at the Mayoral Select Committee of the 29 October 2014?

Regards,

Kevin Symm I Senior Information Officer
Liverpool City Council I Municipal Buildings I Dale Street I Liverpool I L2 2DH
T: 0151 225 3132 I E: [email address]
Online: www.liverpool.gov.uk

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Dear Mr. Symm,

Yes, thank you. That's perfect.

Cordially,

Catherine Byrne

Information Governance, Liverpool City Council

Information request
Our reference: 348728

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Julian Todd left an annotation ()

I'm back. This one is close (but not quite the same) as my request here:
https://www.whatdotheyknow.com/request/k...

Kevin Symm, Liverpool City Council

1 Attachment

Please find attached response

Regards,

Kevin Symm I Senior Information Officer
Liverpool City Council I Municipal Buildings I Dale Street I Liverpool I
L2 2DH
T: 0151 225 3132 I E: [email address]
Online: [1]www.liverpool.gov.uk

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References

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http://www.liverpool.gov.uk/

Katie M. left an annotation ()

Response:

Liverpool City Council holds the information requested and can confirm the following:

In response to your request please find below extract from the relevant contract between the City Council and KPMG which was discussed at the Mayoral Select Committee of the 29 October 2014:

11.1 The parties shall keep secret and not disclose and shall procure that their employees and use reasonable endeavours to procure that any subcontractors keep secret and do not disclose any information of a confidential nature obtained by them by reason of this Agreement. This obligation shall not apply to information:

11.1.1 which is in the public domain or is trivial or cannot reasonably be considered to be confidential; or

11.1.2 which the Council is required to disclose as a matter of law or in discharge of its obligations of public accountability and freedom of information.

11.4 Any written advice or final written report released to the Council in any form or medium shall be supplied by the Provider on the basis that it is for the Council's benefit and information only. Any product of the services will be prepared on the basis that it is not intended to be copied, referred to or disclosed, in whole (save for the Council's own internal purposes) or in part. The Provider hereby consents to the Council copying and distributing (entirely at the Council’s discretion and risk) any product of the Services but not the Provider’s name or the Provider’s trade-marks. The Council shall not quote the Provider's name or reproduce the Provider's trade-marks in any form or medium without the Provider's prior written consent. The Council may disclose in whole any product of the Services to the Council's legal and other professional advisers for the purposes of the Council seeking advice in relation to the Services, provided that when doing so the Council informs them that a) disclosure by them (save for their own internal purposes or as required by law or regulation) is not permitted without the Provider's prior written consent, and b) to the fullest extent permitted by law the Provider accepts no responsibility or liability to them in connection with the Services. This condition shall not prevent the Council making any disclosure that may be required by law, or by a competent regulatory authority, although the Council shall use all reasonable endeavours to inform the Provider in advance of such disclosure. The Provider confirms that neither disclosure under the Freedom of Information Act 2000 (“the Act”) nor confirmation/ denial given to comply with section 1(1)(a) of the Act shall be precluded through exemption under section 41 of the Act solely as a consequence of this condition.

Dear Mr Symm,

Thank you for this prompt response.
Could you please confirm that there is no other agreement or documentation which the council is relying on to prevent disclosure of the report in question.

Cordially,

Catherine Byrne

Katie M. left an annotation ()

They do not seem to have read the last sentence, which anticipates FOI requests and makes clear that this condition alone will not preclude disclosure under FOI.
Once I receive confirmation that this is all they've got, I will be submitting a further request for release of the full report.

Symm, Kevin, Liverpool City Council

Dear Ms Byrne

In accordance with the Freedom of Information Act 2000 the only way in which a Local Authority is permitted to withhold information is by way of exemption. As our response stated there is no formal document or piece of information which would provide the information you have requested and, as such, we were unable to provide any

Regards,

Kevin Symm I Senior Information Officer
Liverpool City Council I Municipal Buildings I Dale Street I Liverpool I L2 2DH
T: 0151 225 3132 I E: [email address]
Online: www.liverpool.gov.uk

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