Sail Greenwich Ltd Relationship with Southwark Council - Planning Application 11/AP/3157

D. Galbraith made this Freedom of Information request to Southwark Borough 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 partially successful.

Dear Southwark Borough Council,

Can you please advise as to the nature of the relationship between the Southwark Council and Sail Greenwich Ltd.

Specifically can you advise if any contractual relationship existed between Southwark Council and Sail Greenwich Ltd for the provision of works where works is defined as either:
(a) a tender by Sail Greenwich Ltd to supply goods or services to Southwark Council; or
(b) the actual supply of goods or services to Southwark Council by Sail Greenwich Ltd tender by Sail Greenwich Ltd. to supply gods or services to Southwark Council existed

Yours faithfully,

D. Galbraith

Environment, Southwark Borough Council

Southwark Council - Information request (FOI/EIR)

Our reference: 202071

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Dear Sir/Madam

Re: Your request for information: 202071

Thank you for your request for information that was received on 25 January
2012 in which you requested:

Can you please advise as to the nature of the relationship between
the Southwark Council and Sail Greenwich Ltd.

Specifically can you advise if any contractual relationship existed
between Southwark Council and Sail Greenwich Ltd for the provision
of works where works is defined as either:
(a) a tender by Sail Greenwich Ltd to supply goods or services to
Southwark Council; or
(b) the actual supply of goods or services to Southwark Council by
Sail Greenwich Ltd tender by Sail Greenwich Ltd. to supply gods or
services to Southwark Council existed

We apologise for the delay in acknowledging your request. Your request is
being dealt with under the Freedom of Information Act 2000 and you will
receive a response within 20 working days of the date that we received
your request.

The Freedom of Information Act 2000 defines a number of exemptions that
may restrict the release of the requested information. There will be an
assessment and if any of the exemptions categories apply then the
information may not be released. You will be informed if this is the case,
including your rights of appeal.

The information provided will be in English, normal font size. If you
require alternative formats, e.g. other language, audio, large print, etc.
please notify us.

If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).

Further information is available through the Information Commissioner at
the:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire. SK9 5AF
Telephone: 01625 545 700
Internet: [1]www.informationcommissioner.gov.uk

Yours faithfully

 

Trisan Cunniah
Service Development Officer
[email address]

References

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

Environment Communications, Southwark Borough Council

3 Attachments

Southwark Council - Information request (FOI/EIR)

Our reference: 202035
Dear D Galbraith
Re: Your request for information: 202035
Thank you for your request for information that was received on 26 January
2012 in which you requested:
Can you please provide:

1. Details of the authority (primary or delegated) under which Des
Waters entered into a Memorandum of Understanding 2012 Marina dated
10 August 2011 on behalf of the London Borough of Southwark with
Sail Greenwich Limited

2. Any working notes, meeting minutes, internal or external
correspondence and documentation relating to said Memorandum of
Understanding 2012 Marina
The information that you requested is set out below, and in the
documentation attached to this email in repsect to part two of your
request.

1) Memorandums of understanding (MOU) are not covered by the Council's
Constitution or contract standing orders, nor the departmental schemes of
management, as they do not commit the financial resources of the
authority. In drafting and signing the MOU between Sail Greenwich and the
London Borough of Southwark Des Waters was working under the direction of
the Chief Executive.

2) The documentation requested relating to the Memorandum of Understanding
is attached as Adobe Acrobat PDF files.
Certain parts of this information has been redacted as the council
considers that release of that information would prejudice the commercial
interests of both the council and Sail Greenwich. Releasing this
information would reveal details about the fee levels which might be
useful to third parties in any future negotiations round use of the marina
and would hamper the council in any future negotiations.

Section 43 of the Act sets out an exemption from the right to know if
release of the information is likely to prejudice the commercial interests
of any person. A person may be a company or the public authority itself.
In reaching this decision we have consulted with Sail Greenwich who
considered the release of this information prejudice their commercial
interests

This exemption is subject to the public interest test that is to say the
information can only be withheld if the public interest in maintaining the
exemption outweighs the public interest in disclosure. The application of
the public interest test is a balancing exercise. An authority must weigh
up opposing, pertinent considerations as to what would be in the public
interest. The factor for disclosing is release would facilitate the
accountability and transparency of public authorities for decisions taken
by them.

The factors that weighed in favour of maintenance of the exemption
included:

* The specific circumstances of the case and the content of the
information requested in relation to those circumstances.
* The likelihood and severity of any prejudice to both parties that
disclosure could cause.
* The avoidance of weakening the council's position in future
negotiations.

On balance we consider the public interest is in favour of maintaining the
exemption.
Under section 40 of the Freedom of Information Act 2000 information
pertaining to the addresses of members of the public have also been
redacted. This letter acts as a Refusal Notice under section 17 of the
Freedom of Information act for the remainder of the information.

If you are unhappy with the service you have received in relation to your
request and wish to make an appeal for a review of our decision, you
should write to the Corporate Freedom of Information Officer at:

Corporate Freedom of Information Officer
The Governance team (2nd floor)
PO Box 64529
London. SE1 5LX
Email: [Southwark Borough Council request email]
If you are not content with the outcome your appeal, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner cannot make a decision unless you have first
exhausted our internal appeal procedure and you should contact him within
2 months of the outcome of your internal appeal.

Further information is available through the Information Commissioner at
the:
Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire, SK9 5AF
Telephone: 01625 545 700
Internet: [1]www.informationcommissioner.gov.uk

Yours faithfully
Stuart Robinson-Marshall
Head of Service Development
[email address]
<<MOU2012_SAILGREENWICH_R.pdf>> <<SAIL GREENWICH FOI DOCS_R.pdf>>
<<SAILGREENWICH_FOI_emailArchive_R.pdf>>

References

Visible links
1. file://www.informationcommissioner.gov.uk