Dear Haringey Borough Council,

I would like to request the following information:

1) The full details of what real estate assets the Haringey 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

Haringey Borough Council

Dear Mr Hall

 

Freedom of Information / Environmental Information Regulations Request:
LBH/8338919

 

I acknowledge your request for information received on 29 January 2019.

 

This information request will be dealt with in accordance with the Freedom
of Information Act 2000 / Environmental Information Regulations and we
will send the response by 26 February 2019

 

Yours sincerely,

  

Feedback and Information Governance

 

Shared Service Centre | Central Team

Haringey Council 

Alexandra House, 10 Station Road, Wood Green, London N22 7TR

 

www.haringey.gov.uk

twitter@haringeycouncil

facebook.com/haringeycouncil

 

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
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subject to recording and/or monitoring in accordance with relevant
legislation.

Skeen Thomas, Haringey Borough Council

1 Attachment

Dear Mr Hall,

Re: Freedom of Information Act Request ref: LBH/8338919

 

Thank you for your request for information received on 29 January 2019, in
which you asked for the following:

 

 

 

1) The full details of what real estate assets the Haringey 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.

 

 

 

My response is as follows:

 

All of the information you have requested is already published on the
internet:

 1. Please see the fund’s investment strategy statement and annual report
provide further information about the fund’s investments and
investment strategy, these are published on the fund’s website:

http://www.haringeypensionfund.co.uk/har...

 2. Quarterly performance monitoring reports are published in the
committee papers for the Haringey Pensions Committee and Board, at the
below website:

https://www.minutes.haringey.gov.uk/ieLi...

 3. See the above link
 4. N/A
 5. See 1 above for the fund’s Investment Strategy Statement (Statement of
Investment Principles is a reference to the legislation prior to
2016).

 

If you are unhappy with how we have responded to your request you can ask
us to conduct an Internal Review. If so, please contact the [1]Feedback
and Information Team. (Please note you should do so within two months of
this response.)

 

 

Yours sincerely,

 

 

 

Thomas Skeen, CPFA

Head of Pensions, Treasury and Chief Accountant

 

Haringey Council

5th Floor, Alex House, 10 Station Road, Wood Green, London, N22 7TR

 

E. [2][email address]

 

[3]BS1995_Haringey_TapeType_BLACK_RGB

 

[4]www.haringey.gov.uk

[5]twitter@haringeycouncil

[6]facebook.com/haringeycouncil

 

P Please consider the environment before printing this email.

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

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