Dear Bedford Borough Council,

I would like to request the following information:

1) The full details of what real estate assets the Bedfordshire Pension Fund currently invests in, including the name and amounts of each type of real estate asset or investment being held.

This information should be broken down into the different
categories, including:
- Listed Real Estate securities;
Unlisted/Private Real Estate Property Funds/vehicles, companies or CIS;
- Directly held properties ; and
- (listed/unlisted) Real Estate Debt Funds/vehicles.

In the case of any unlisted real estate vehicles or real estate debt vehicles, the domicile of the underlying assets should be included.

A full list of all the companies, vehicles, CIS etc in which the Pension Fund invests in or has an outstanding commitment to should be covered in the above question. This list should include the names of each company and the amount invested in each company etc.

2) The current yields of the different investments the pension fund holds.

3) Can you clearly specify the total value of all real estate investments that the Pension Fund holds.

4) I would like to receive this information in an unlocked excel sheet without protected cells (.xls). If you have to password protect the excel sheet, please can you also provide the password to the excel
sheet.
5) Please supply a copy of the Pension Scheme’s latest Statement of Investment Principles and most recent Pension Fund Report & Accounts.
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 there 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,

Samuel Hall

Freedom of Information, Bedford Borough Council

Thank you for your e-mail requesting information under the Freedom of
Information Act 2000 / Environmental Information Regulations 2004.

 

We will proceed with the request which we received today. It is our
intention to have the information delivered to you as soon as possible
otherwise within the statutory 20 working days.

 

In consideration of the request, which may be subject to any exemptions/
exceptions the Council may rely on to refuse the request, some of which
are absolute and some of which only apply where the public interest in
maintaining the exemption/exception outweighs that in disclosing the
information.

 

 

Please note that should you be requesting information under the
Environmental Information Regulations although we provide free access to a
wide range of information through our website, access to any public
registers which we hold and for inspecting information at our offices, we
are allowed to charge you a reasonable fee for providing certain
information.  If applicable, we will issue you with a fee notice.  This
will detail the tasks involved in responding to the request, and
associated costs.  Further information is available on the EIR page of
Bedford Borough Council’s website at the following link:

 

[1]http://www.bedford.gov.uk/council_and_de...

  

 

Please note that once a response has been forwarded to you an anonymised
summary of all requests appear on the Bedford Borough website at the
following link:

[2]http://www.bedford.gov.uk/council_and_de...
Our current practise is that the information will be available to view on
the web for 2 years.

 

Any future correspondence you may have with the Council in relation to
this matter should be emailed to [3][Bedford Borough Council request email] .

 

Any emails containing personal or sensitive data will be sent as ‘secure
e-mails’.  In order for you to access a secure email you will be asked to
create an account and log into the Council’s secure e-mail reply service. 
If you do receive a secure email there will be instructions explaining how
to do this.

 

 

 

 

References

Visible links
1. http://www.bedford.gov.uk/council_and_de...
2. http://www.bedford.gov.uk/council_and_de...
3. mailto:[Bedford Borough Council request email]

Rupee Baga, Bedford Borough Council

1 Attachment

Bedford BC - OFFICIAL-Unsecure

 

Dear Mr Hall

 

Request pursuant to Freedom of Information Act 2000 – Request No. 13550

 

I refer to your recent enquiry for information held by the Council. 

 

Under the provisions of the Freedom of Information Act, the authority must
state whether or not the information exists and I confirm that we do hold
the information you requested.

 

Please find attached the information you requested.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.  For
further information regarding Re-use of Public Sector information please
see link below

 

If after viewing the information you are for whatever reason unhappy with
our response to your application you are entitled to pursue any
dissatisfaction through the Council's Internal Review Procedure.  Pursuant
to Section 17 (7) of the Act the procedure provided by the Council for
dealing with complaints about the determination of this request for
information is the Council’s FOI Complaints Procedure, a copy of which can
be obtained on request or is set out at: 
[1]http://www.bedford.gov.uk/council_and_de...

 

Yours sincerely

 

Rupee Baga - Business Management Support Officer supporting

Andy Watkins - Assistant Chief Executive (Enabling Services)

Bedford Borough Council

Room 336

Borough Hall

Cauldwell Street

Bedford MK42 9AP

Direct Dial (01234 718241 (Ext 47241)

Email: [email address]

Website: www.bedford.gov.uk

 

 

show quoted sections

 

Please use this email address for all replies to this request:

[3][FOI #545428 email]

 

Is [4][Bedford Borough Council request email] the wrong address for Freedom of
Information requests to Bedford Borough Council? If so, please contact us
using this form:

[5]https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[6]https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

[7]https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

Information security classification of this email: OFFICIAL-Internal

 

EMAIL CLASSIFICATION DEFINED:

*** OFFICIAL-INTERNAL: This message is intended for internal recipients
only.

*** OFFICIAL-UNSECURE:  This message and any attached file(s) do not
contain personal or sensitive information which requires it to be sent
encrypted.

*** OFFICIAL-SECURE: Either this message or any attached file contains
either personal or commercially sensitive information that requires it to
be sent encrypted.

 

All email traffic may be subject to recording and/or monitoring in
accordance with relevant legislation. This email and any attached file are
the property of Bedford Borough Council. Any opinions expressed in this
mail do not necessarily reflect the opinions of Bedford Borough Council.

Bedford Borough Council is continuously working towards the requirements
of the Public Sector Network and Data Protection legislation.  Data
Subjects may exercise their information rights by contacting
[8][email address].

 

 

 

Information security classification of this email: OFFICIAL-Internal

 

EMAIL CLASSIFICATION DEFINED:

*** OFFICIAL-INTERNAL: This message is intended for internal recipients
only.

*** OFFICIAL-UNSECURE:  This message and any attached file(s) do not
contain personal or sensitive information which requires it to be sent
encrypted.

*** OFFICIAL-SECURE: Either this message or any attached file contains
either personal or commercially sensitive information that requires it to
be sent encrypted.

 

All email traffic may be subject to recording and/or monitoring in
accordance with relevant legislation. This email and any attached file are
the property of Bedford Borough Council. Any opinions expressed in this
mail do not necessarily reflect the opinions of Bedford Borough Council.

Bedford Borough Council is continuously working towards the requirements
of the Public Sector Network and Data Protection legislation.  Data
Subjects may exercise their information rights by contacting
[email address].

 

 

Information security classification of this email: OFFICIAL-Unsecure

 

EMAIL CLASSIFICATION DEFINED:

*** OFFICIAL-INTERNAL: This message is intended for internal recipients
only.

*** OFFICIAL-UNSECURE:  This message and any attached file(s) do not
contain personal or sensitive information which requires it to be sent
encrypted.

*** OFFICIAL-SECURE: Either this message or any attached file contains
either personal or commercially sensitive information that requires it to
be sent encrypted.

 

All email traffic may be subject to recording and/or monitoring in
accordance with relevant legislation. This email and any attached file are
the property of Bedford Borough Council. Any opinions expressed in this
mail do not necessarily reflect the opinions of Bedford Borough Council.

Bedford Borough Council is continuously working towards the requirements
of the Public Sector Network and Data Protection legislation.  Data
Subjects may exercise their information rights by contacting
[email address].

 

“Confidentiality: The information contained in this e-mail and any
attachment may be confidential and may contain legally privileged
information. It is intended only for the use of the named recipient. If
you are not the named recipient, please notify us immediately and delete
it from your system. In such an event, you should not disclose the
contents of this e-mail to any other person, or print it.”

References

Visible links
1. http://www.bedford.gov.uk/council_and_de...
http://www.bedford.gov.uk/council_and_de...
2. mailto:[FOI #545428 email]
3. mailto:[FOI #545428 email]
4. mailto:[Bedford Borough Council request email]
5. https://www.whatdotheyknow.com/change_re...
6. https://www.whatdotheyknow.com/help/offi...
7. https://www.whatdotheyknow.com/help/ico-...
8. mailto:[email address]