Report on tender for the provision of insurance services (CFO/008/019)

ScarletPimpernel made this Freedom of Information request to Merseyside Fire and Rescue Service

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 partially successful.

Dear Merseyside Fire and Rescue Service,

Please could you provide an electronic copy of report CFO/008/019 which is a report of MFRA's Monitoring Officer concerning the award of contract of insurance services and is on the agenda of the MFRA meeting to be held on the 20th February 2019 (agenda item 6).

MFRA stands for Merseyside Fire and Rescue Authority.

Specifically I am asking for pages 227-348 (inclusive) including page numbers, protective markings etc.

I consider this to be a request under the Environmental Information Regulations as defined by regulation 2(1) of the Environmental Information Regulations 2004 as it is information that MFRS holds in written form that could relate to insurance on properties owned by MFRA at various locations.

As regulation 6(1) of the Environmental Information Regulations 2004 allows me to specify the format in which the environmental information is provided I am requesting the Valuation Report is provided in an electronic format in response to this request.

I remind you of your duty under regulation 9(1) to provide advice and assistance to those who make EIR requests.

If alternatively you consider it to be a FOI request, I remind you of your duty under s.16 to provide advice and assistance to those making requests.

Yours faithfully,

John Brace

Freedom of Information Team, Merseyside Fire and Rescue Service

Dear Mr Brace,

Could you please clarify the details for your request. There was no Authority Meeting on 20th February, so could you please confirm the date you are requesting the information for?

Upon receipt of clarification, we will then proceed with your request.

Kind regards,

Jean Crimmins
Corporate Information Sharing Officer
Strategy and Performance
Merseyside Fire and Rescue Service Headquarters
Bridle Road
Bootle
L30 4YD

(T) 0151 296 4474

Mail to: [email address]
Secure e-mail: [email address]

Intranet/Portal http://intranetportal/sites/KIM/default....
Internet www.merseyfire.gov.uk
 

show quoted sections

Dear Freedom of Information Team,

Thanks for your message.

Sorry but due to a typographical error, the reference to "20th February 2019" should read "28th February 2019".

This link to your website should provide greater detail about the public meeting referred to:

http://mfra.merseyfire.gov.uk/ieListDocu...

Yours sincerely,

John Brace

Freedom of Information Team, Merseyside Fire and Rescue Service

1 Attachment

Dear Mr Brace,

Thank you for your prompt response and for confirming the details for your request.

In response, please see the attached correspondence.

Kind regards,

Jean Crimmins
Corporate Information Sharing Officer
Strategy and Performance
Merseyside Fire and Rescue Service Headquarters
Bridle Road
Bootle
L30 4YD

(T) 0151 296 4474

Mail to: [email address]
Secure e-mail: [email address]

Intranet/Portal http://intranetportal/sites/KIM/default....
Internet www.merseyfire.gov.uk
 

show quoted sections

Crimmins, Jean, Merseyside Fire and Rescue Service

1 Attachment

Dear Mr Brace,

 

In response to your request for information, please see the attached
correspondence.

 

Kind regards,

 

Jean Crimmins

Corporate Information Sharing Officer

Strategy and Performance

Merseyside Fire and Rescue Service Headquarters

Bridle Road

Bootle

L30 4YD

 

(T) 0151 296 4474

 

 

Mail to: [1][email address]

Secure e-mail: [2][email address]

 

Intranet/Portal [3]http://intranetportal/sites/KIM/default....

Internet [4]www.merseyfire.gov.uk

 

 

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.
If you have received this e-mail in error please notify the originator of the message.

Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Merseyside Fire & Rescue Service, (MFRS).

Incoming and outgoing emails may be monitored in line with current legislation.

Steps have been taken to ensure that this email and attachments are free from any virus. In keeping with good computing practice the recipient should ensure they are actually virus free.

http://www.merseyfire.gov.uk/

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://intranetportal/sites/KIM/default....
file:///tmp/blocked::http:/intranetportal/sites/KIM/default.aspx
4. http://www.merseyfire.gov.uk/

Dear Merseyside Fire and Rescue Service,

Please pass this on to the person who conducts Freedom of Information reviews/Environmental Information Regulations reconsiderations.

I am writing to request an internal review/reconsideratoin of Merseyside Fire and Rescue Service's handling of my FOI request 'Report on tender for the provision of insurance services (CFO/008/019)'.

In your refusal notice you relied upon an absolute exemption (section 44) and referred to para 3 of part 1 of Sch. 21A of the Local Government Act 1972.

That is not the correct section of the Local Government Act 1972 to refer to (first ground of appeal), however I will proceed on the basis that this is a typographical error on your part and that you meant instead section 100B of the Local Government Act 1972.

However in order to be a valid refusal notice issued under s.17 of the FOIA 2000 (although it is disputed that this is a FOI request too), 17(1)(a), 17(1)(b) and 17(1)(c) would have to be satisfied.

Although you have stated the exemption (section 44) which satisfies 17(1)(b) and the fact that it is refused which satisfies 17(1)(a) you have not stated why that exemption applies to this information (17(1)(c)).

So the grounds of appeal are four fold:

1) it was an incorrectly issued refusal notice for the reasons above,

2) it incorrectly stated the rationale and didn't state why,

3) it's not a FOI request but an EIR one,

4) As shown in previous ICO decision notices and explained to Janet Henshaw by ICO in EA/2016/0054, ICO do not consider the Local Government Act 1972 to be a bar to disclosure.

So please could you either release the information (in whole or in part) and/or issue a valid refusal notice?

Thank you,

A full history of my FOI/EIR request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

John Brace

Freedom of Information Team, Merseyside Fire and Rescue Service

Dear Mr Brace,

I acknowledge receipt of your e mail request asking for an internal review of your FOI request (FOI/29/2019)

A further response will follow.

Kind regards,

Jean Crimmins
Information Management Officer
Strategy and Performance
Merseyside Fire and Rescue Service Headquarters
Bridle Road
Bootle
L30 4YD

(T) 0151 296 4474

Mail to: [email address]
Secure e-mail: [email address]

Intranet/Portal http://intranetportal/sites/KIM/default....
Internet www.merseyfire.gov.uk
 

show quoted sections

Crimmins, Jean, Merseyside Fire and Rescue Service

2 Attachments

Dear Mr Brace,

 

Sent on behalf of Deb Appleton, Director of Strategy and Performance

 

Response to Internal Review

 

Dear Mr Brace,

 

Thank you for your e mail of 27^th February 2019 requesting an internal
review of your recent Freedom of Information request (Reference Number
FOI/29/2019).

 

Your e mail stated the following:

 

“Please pass this on to the person who conducts Freedom of Information
reviews/Environmental Information Regulations reconsiderations.

 

I am writing to request an internal review/reconsideration of Merseyside
Fire and Rescue Service's handling of my FOI request 'Report on tender for
the provision of insurance services (CFO/008/019)'.

 

In your refusal notice you relied upon an absolute exemption (section 44)
and referred to para 3 of part 1 of Sch. 21A of the Local Government Act
1972.

 

That is not the correct section of the Local Government Act 1972 to refer
to (first ground of appeal), however I will proceed on the basis that this
is a typographical error on your part and that you meant instead section
100B of the Local Government Act 1972.

 

However in order to be a valid refusal notice issued under s.17 of the
FOIA 2000 (although it is disputed that this is a FOI request too),
17(1)(a), 17(1)(b) and 17(1)(c) would have to be satisfied.

 

Although you have stated the exemption (section 44) which satisfies
17(1)(b) and the fact that it is refused which satisfies 17(1)(a) you have
not stated why that exemption applies to this information (17(1)(c)). 

 

So the grounds of appeal are four fold:

 

1) it was an incorrectly issued refusal notice for the reasons above,

 

2) it incorrectly stated the rationale and didn't state why,

 

3) it's not a FOI request but an EIR one,

 

4) As shown in previous ICO decision notices and explained to Janet
Henshaw by ICO in EA/2016/0054, ICO do not consider the Local Government
Act 1972 to be a bar to disclosure.

 

So please could you either release the information (in whole or in part)
and/or issue a valid refusal notice?”

 

Response

Grounds of appeal

 

We processed your request as a request for information under the Freedom
of Information Act 2000 as the information you requested is not
environmental information. The Environmental Information Regulations 2004
provides the details of what constitutes “environmental information”.

 

 

EIR 2004 Part 1 – Interpretation

 

(a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural site including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the interaction
among these elements.

 

If however, you still disagree with this, please provide further details
as to why you believe it to be a request under the Environmental
Information Regulations 2004.

 

As we had dealt with your request under the Freedom of Information Act
2000, we did apply absolute exemption 44 (Prohibitions on disclosure)

 

1) Parts a, b and c of Section 17 of the Freedom of Information Act 2000
were provided in our refusal notice.

(a)        It states that it is a refusal notice.

(b)        It states the exemption that applies.

(c)        It does state why the exemption applied (Schedule 12A of the
Local Government Act 1972), but the following information should also have
been included:

44. (1) Information is exempt information if its disclosure (otherwise
than under this Act) by the public authority holding it-

            (a) is prohibited by or under any enactment

            (b) is incompatible with any community obligation, or

            (c) would constitute or be punishable as a contempt of court

 

However, on reviewing your information request again and the ICO Decision
notice FS50517099 17^th March 2014, we have reviewed our response to your
original request. Please see the attached copy of a revised letter.

 

Please Note

1.    In your e mail of 27^th February 2019 you stated Schedule 21A of the
Local Government Act 1972, but I believe this to be a typographical error
as it should be Schedule 12A.

2.    Section 100B of the Local Government Act 1972 identifies the right
of access to reports and agendas, unless it is exempt in accordance with
schedule 12A. Therefore, we still believe our reference to Schedule 12A to
be correct.

3.    You quoted EA/2016/0054 as being issued by the ICO, but this
reference number actually relates to the First Tier Tribunal Application
for Costs in relation to the ICO EIR Decision Notice FER0592270, where the
exception (12 (5) (e) was upheld by the ICO.

 

Kind regards,

 

 

Jean Crimmins

Information Management Officer

Strategy and Performance

Merseyside Fire and Rescue Service Headquarters

Bridle Road

Bootle

L30 4YD

 

(T) 0151 296 4474

 

 

Mail to: [1][email address]

Secure e-mail: [2][email address]

 

Intranet/Portal [3]http://intranetportal/sites/KIM/default....

Internet [4]www.merseyfire.gov.uk

 

 

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.
If you have received this e-mail in error please notify the originator of the message.

Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Merseyside Fire & Rescue Service, (MFRS).

Incoming and outgoing emails may be monitored in line with current legislation.

Steps have been taken to ensure that this email and attachments are free from any virus. In keeping with good computing practice the recipient should ensure they are actually virus free.

http://www.merseyfire.gov.uk/

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://intranetportal/sites/KIM/default....
file:///tmp/blocked::http:/intranetportal/sites/KIM/default.aspx
4. http://www.merseyfire.gov.uk/