Request for information and contract relating to National Storage Mechanism

Chris Taggart made this Freedom of Information request to The Financial Services Authority

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

The authority would like to / has responded by postal mail to this request.

Dear Financial Services Authority,

Under the Freedom of Information Act 2000 I would like to request the following information:

All documents relating to the contract for the National Storage Mechanism, as referenced on the FSA's website at http://www.fsa.gov.uk/pages/Doing/UKLA/n..., including the contract(s) with Morningstar and other parties, the tender document(s) relating to this contract, and payments made in relation to this contract.

If this information is held by an outside contractor then it is your responsibility under the FOIA to obtain that information.

If the arrangements for any of the agreements with the Publisher have been delegated or passed onto another public body, please can you inform me of this and if possible transfer the request to that public body. My preferred format to receive this information is by electronic means, specifically in a machine-readable form (e.g. CSV, Word or Excel Documents rather than scans of printouts).

Regarding section 41(1)(a) of the Freedom of Information Act, the latest ruling from the Information Commissioner's Office is that "A written agreement between two parties does not constitute information provided by one of them to the other, and therefore a concluded contract between a public authority and a third party does not fall within section 41(1)(a) of the Act."

If you need any clarification of this request or if it is too broad in any way please feel free to email me. If some parts of this request are more difficult to answer than others please release the answerable material as it is available rather than hold up the entire request for the contested data.

If FOI requests of a similar nature have already been asked could you please include your responses to those requests. I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you within the 20-working day statutory time period.

Yours faithfully,

Chris Taggart

Freedom of Information,

Telephone: 0207 066 7192
Email: [FSA request email]

Our Ref: 2144

Dear Mr Taggart

Freedom of Information: Right to know request

Thank you for your request for information under the Freedom of
Information Act 2000 (the Act).

Your request was received on 31 July 2011 and will be processed in
accordance with the Act.

There may be a fee payable for the information you have requested. If
that is the case, you will be informed of the likely charges before we
proceed. The fee must be paid before the information is released.

If you have any queries please contact me.

Yours sincerely

Susan Currington

Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

( 020 7066 1000

[1]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Freedom of Information,

Telephone: 0207 066 7192
Email: [FSA request email]

Our Ref: 2144

Dear Mr Taggart

Freedom of Information: Right to know request

Thank you for your request for information under the Freedom of
Information Act 2000 (the Act).

Your request was received on 1 August 2011 and will be processed in
accordance with the Act.

There may be a fee payable for the information you have requested. If
that is the case, you will be informed of the likely charges before we
proceed. The fee must be paid before the information is released.

If you have any queries please contact me.

Yours sincerely

Susan Currington

Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

( 020 7066 1000

[1]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Freedom of Information,

Freedom of Information would like to recall the message, "Freedom of Information: Right to know request".

show quoted sections

This communication and any attachments contains information which is confidential and may be subject to legal privilege. It is for intended recipients only. If you are not the intended recipient you must not copy, distribute, publish, rely on or otherwise use it without our consent. Some of our communications may contain confidential information which it could be a criminal offence for you to disclose or use without authority. If you have received this email in error please notify [email address] immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for compliance with legal, regulatory and professional standards.
This email is not intended to nor should it be taken to create any legal relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

Freedom of Information,

Direct line: 0207 066 7192
Email: [FSA request email]

Our Ref: FOI2144

Dear Mr Taggart

Freedom of Information: Right to know request

Thank you for your request for information under the Freedom of
Information Act 2000 (the Act), for the following information:

"All documents relating to the contract for the National Storage
Mechanism, as referenced on the FSA's website a
[1]http://www.fsa.gov.uk/pages/Doing/UKLA/n..., including
the contract(s) with Morningstar and other parties, the tender document(s)
relating to this contract, and payments made in relation to this
contract.

If FOI requests of a similar nature have already been asked could you
please include your responses to those requests."

I cannot identify the information you have requested from the details you
have provided. To help us meet your request could you please therefore
redefine it, specifying whether you mean:

* All documents relating to Morningstar and the contract for the
National Storage Mechanism, or
* All documents relating to the tender for the National Storage
Mechanism, i.e. Statement of Requirements, invitation to tender
letters, tender responses from all suppliers, etc.

I will be unable to proceed with your request without clarification of the
information you wish to receive.

Please note that under guidance issued by the Ministry of Justice and the
Information Commissioner's Office entitled "Freedom of Information &
Environmental Information Regulations - Hints for practitioners handling
FOI/EIR requests", the following advice has been given with regard to the
clarification of requests:

"The day after the clarification is received by the public authority
the 20 working day period begins" (page 14).

I have attached the link to the Guidance for your information:

[2]http://www.ico.gov.uk/upload/documents/l...

The 20 working day period will therefore commence once we have received
sufficient clarification to allow us to deal with your request.

If you have any queries please contact me.

Yours sincerely

Susan Currington

Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

( 020 7066 1000

[3]www.fsa.gov.uk

show quoted sections

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/pages/Doing/UKLA/n...
2. http://www.ico.gov.uk/upload/documents/l...
3. http://www.fsa.gov.uk/

Dear Susan,

I'm puzzled by your response, as the request was quite explicit, and is even largely repeated in your response email: "All documents relating to the contract for the National Storage Mechanism... including the contract(s) with Morningstar and other parties, the tender document(s) relating to this contract, and payments made in relation to this contract."

This clearly includes both your provided options (and potentially other documents too), of "All documents relating to Morningstar and the contract for the National Storage Mechanism" and "All documents relating to the tender for the National Storage Mechanism, i.e. Statement of Requirements, invitation to tender letters, tender responses from all suppliers, etc."

The request is also clear that "If some parts of this
request are more difficult to answer than others please release the
answerable material as it is available rather than hold up the
entire request for the contested data."

Therefore, I am at a loss to understand why, for example, those things explicitly stated in the original request, for example, the contract(s) with Morningstar and payments made under this contract, haven't been acted upon.

Please note that this email is not a new request, and it should be read in conjunction with the original email, including with respect to the notes relating to the ICO's guidance on contracts, and that should there be any contested information this should not hold up other information.

I note that you have also not suggested that the request is too broad in your request for clarification, and thus I would not expect there to be any further objections or requests for clarification relating to this request.

Yours sincerely,

Chris Taggart

Freedom of Information,

1 Attachment

Our ref:   FOI2144

Dear Mr Taggart

Please find attached our response to your Freedom of Information request. 
Please note due to the size of the attachments to our response we are
unable to e-mail them to you, can you please provide us with an address so
that we can send these to you by post.

<<FOI2144 Response section 17 20110916.pdf>>

Yours sincerely

Sandra Collins | Information Access Team | Operations Services |
Operations Business Unit
Financial Services Authority, 25 The North Colonnade, Canary Wharf, 
London  E14 5HS

Tel: 020 7066 7120

[1]www.fsa.gov.uk

show quoted sections

 

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Dear Susan,

Thank you for your response to my Freedom in Information request. Please send the information, in electronic form (e.g. on a CD-Rom) if they exist in this form to Chris Taggart, c/o Pushrod Ltd, Aston House, Cornwall Avenue, London N1 3LF.

I note that you state that commercial confidentiality only applies to the contract and to the names of the unsuccessful tenderers. This does not presumably apply to related documents, including but not restricted to: the business case, the requirements specification and the invitation to tender.

Should these not be included in the data being sent to me, please ensure that these are sent forthwith, ideally by email, as these would fall within the original request.

In addition, I note that your argument for not supplying the National Storage Mechanism contract and unsuccessful tenders is based on the confidentiality of the day rates of the supplier. Without prejudice to the my right of appeal on this, please therefore send me the copy of the contract and other documents with the day rates redacted. Please note, this falls within the scope of the original request, and so should not be treated as a new request.

Yours sincerely,

Chris Taggart

Freedom of Information,

Our Ref: FOI2144

Dear Mr Taggart

Thank you for providing us with a forwarding address. The information relating to your FOI request was posted to you by first class post today.

Yours sincerely

Susan Currington
Information Access Team

Susan Currington | Information Access Team | Operations Services |Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

020 7066 1000

www.fsa.gov.uk

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Dear Susan

Please confirm also that you will be supplying the (redacted) contract etc as requested originally and confirmed in my previous email. I would not expect this to be as large and so it should be emailed.

Yours sincerely,

Chris Taggart

Freedom of Information,

Dear Mr Taggart

We posted the remainder information to your yesterday. As our Freedom
of Information letter advises, if you are unhappy with the decisions
made in relation to your request and want to exercise your right to an
internal review you should contact us within three months of the date of
our FOI response letter.

Your sincerely

Susan Currington
Information Access Team

Susan Currington | Information Access Team | Operations Services
|Operations Business Unit|

Financial Services Authority
25 The North Colonnade
Canary Wharf
London
E14 5HS

020 7066 1000

www.fsa.gov.uk

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Dear Financial Services Authority,

I am writing to request an internal review for the response to my Freedom of Information request (correspondence detailed at http://www.whatdotheyknow.com/request/re... ) on the basis that the information requested has been wrongly denied.

Specifically, FSA has refused information on the basis that Section 43 is engaged because the tenders and Morningstar contract included "day rates for a range of consultants and other individuals". I believe this is not sufficient reason for its refusal due to the following:

- Even if Section 43 is engaged in this case, there is no reason why the contract with Morningstar and other documents could not have been released with just the day rates redacted (other documents released had redacted sections).

- according to ICO guidance, with regard to Section 43 the bias is in favour of disclosure and there will be occasions where information is released even though it is a trade secret or is likely to prejudice someone’s commercial interest, and I believe in this case the balance lies in favour of disclosure.

- the FSA appear not to have considered that publication would "facilitate accountability and transparency in the spending of public money", nor that it is now policy for public sector contracts to be routinely published.

- the FSA states that because publication of the information would be "likely to comment and speculation" the request should be denied. However, this would seem to weigh towards disclosure, as one of the tests for the public interest is "further the understanding of, and participation in the debate of issues of the day", and the decisions and mechanisms for publication of financial information would seem to fall squarely within that category, particularly at the current time.

Furthermore, the FSA has not provided 'All documents' relating to "payments made in relation to this contract". This would include invoices, purchase orders, dates and details of payments, and none of these was provided.

Yours sincerely,

Chris Taggart

Freedom of Information,

Our ref FOI2144

Dear Mr Taggart
Freedom of Information: Internal Review
Thank you for your email of 11 October. I can confirm that we have
received your request for an internal review of our original response to
your request under the Freedom of information Act, which is being
processed.

We will contact you again as soon as possible, and if it is likely to take
more than 20 working days from the date of your internal review request to
form a view, we will write to you again.

Yours sincerely,

Lesley Richardson
Internal Review team | Information Access
Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 4216
[1]www.fsa.gov.uk

show quoted sections

 

This communication and any attachments contains information which is
confidential and may be subject to legal privilege. It is for intended
recipients only. If you are not the intended recipient you must not copy,
distribute, publish, rely on or otherwise use it without our consent. Some
of our communications may contain confidential information which it could
be a criminal offence for you to disclose or use without authority. If you
have received this email in error please notify [email address]
immediately and delete the email from your computer.

The FSA reserves the right to monitor all email communications for
compliance with legal, regulatory and professional standards.

This email is not intended to nor should it be taken to create any legal
relations or contractual relationships. This email has originated from

The Financial Services Authority (FSA)
25 The North Colonnade,
Canary Wharf,
London
E14 5HS
United Kingdom

Registered as a Limited Company in England and Wales No.1920623.
Registered Office as above

Switchboard: 020 7066 1000
Web Site: http://www.fsa.gov.uk
*****************************************************************

References

Visible links
1. http://www.fsa.gov.uk/

Freedom of Information,

Our ref: FOI2144

Dear Mr Taggart

Freedom of Information: Internal Review

I write further to my email of 20 October.

I have to inform you that we have not yet reached a decision regarding
your request for internal review of FSA's decision not to disclose the
information you have requested.

We are considering the points that you raised in your email of 11
October, and hope to be in a position to respond to you by Friday 25
November.

In the meantime, if you have any queries about this email or would
prefer to discuss the matter please contact me on
0207 066 4216.

Yours sincerely

Lesley Richardson
Internal Review team | Information Access

Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 4216

www.fsa.gov.uk

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Freedom of Information,

Our ref: FOI2144

Dear Mr Taggart,

I write further to my email of 7 November.

Unfortunately we have not yet completed the review you requested, as we
are still considering the points that you raised in your email of 11
October.

Please be assured that we are working to complete the review as soon as
possible. I hope to be in a position to respond to you by this coming
Friday, 2nd December, although if I am able to contact you sooner I
will do so. In the meantime, please accept my apologies for the length
of time it is taking to process your request.

Yours sincerely

Lesley Richardson
Internal Review team | Information Access

Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 4216

www.fsa.gov.uk

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Freedom of Information,

1 Attachment

Our ref: FOI2144

Dear Mr Taggart,

Please find attached our Internal Review response to your request made
under the Freedom of Information Act. I also have a CD-Rom containing
some information we are able to provide. Please advise if you would like
me to send it to the following address:

Chris Taggart, c/o Pushrod Ltd,
Aston House,
Cornwall Avenue,
London N1 3LF.

I will await confirmation of the address before posting it to you.

Yours sincerely,


Lesley Richardson
Internal Review team | Information Access

Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 4216

www.fsa.gov.uk

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Dear FSA

The address (note corrected postcode) should be:

Chris Taggart, c/o Pushrod Ltd,
Aston House,
Cornwall Avenue,
London N3 1LF.

Please reply to this email detailing the contents of the CD-ROM.

Yours sincerely,

Chris Taggart

Freedom of Information,

Dear Mr Taggart,

Thank you - I have posted it to you today.

The headings of the 5 documents loaded onto the CD-ROM are as follows:

Morningstar - Business Continuity and Security Practices
Proposal document
Project Management Methodology
Order Form and Description of Service

FSA Document - Decision on Offically Appointed Mechanism Appointee

Kind regards,

Lesley Richardson
Internal Review team | Information Access

Financial Services Authority
25 The North Colonnade
Canary Wharf
London E14 5HS
Tel: 020 7066 4216

www.fsa.gov.uk

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