Terms of Reference and price paid for Javelin Park Value for Money analysis

The request was partially successful.

Dear FOI team,

With apologies in advance for the demands on your time, I respectfully request:

(1) A copy of the Terms of Reference, deliverables or other text setting out the work to be completed, given to Ernst and Young for each and every Value for Money report, and/or Explanatory Note in relation to the Javelin Park Energy From Waste Incinerator.

This should include, but not be limited to, the ToRs (etc.) for the documents published on 20th December 2018 at https://www.gloucestershire.gov.uk/counc...

(2) Details of the agreed price and/or the final paid amount for this work;

With respect to the report dated 19th December 2018 and titled ‘Residual Waste Public Private Partnership (PPP) Project - Explanatory note of financial information released under Freedom of Information (FOI)’ I additional request:

(3) Details of the date on which Ernst and Young were first contacted to undertake this work, the data on which terms of reference or scope of the work was agreed, and the date on which any drafts of this work were delivered to the responsible party at GCC

Given this request relates to a topic of current public interest, I would kindly ask that a response is given priority.

Please consider this request under the Environmental Information Regulations (EIR) as it relates to a project with major environmental impacts, including air quality implications and waste disposal. In this, would also like to draw attention to the ICO’s previous comments on the timeliness of responses to my previous requests in relation to this project, and to the reduced time-limits set out in law under the EIRs.

I have intentionally kept the inquiry to a minimum to facilitate a rapid reply. If for any reason there is a delay in collating documents relating to the earlier reports (before the document dated 19th December 2018) or to the costings, I would be happy to receive replies in stages.

For the avoidance of doubt, my interest in this information is to establish: (a) the price paid to the consultant for this work; (b) the extent to which the terms of reference or instructions to the consultant require them to provide ‘independent analysis’. If there is an alternative way this information can easily be provided, I am happy to discuss this.

With best regards

Tim Davies

Gloucestershire CC, Gloucestershire County Council

Information request
Our reference: 11190869

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Dear ‎Sir/Madam‏
 
Request for Information (Reference: 11190869 )
 
Thank you for your request for information, received on 7 January 2019.
 
Request summary:
(1) A copy of the Terms of Reference, deliverables or other text setting
out the work to be completed, given to Ernst and Young for each and every
Value for Money report, and/or Explanatory Note in relation to the Javelin
Park Energy From Waste Incinerator.
This should include, but not be limited to, the ToRs (etc.) for the
documents published on 20th December 2018 at
https://www.gloucestershire.gov.uk/counc...
(2) Details of the agreed price and/or the final paid amount for this
work;
With respect to the report dated 19th December 2018 and titled 'Residual
Waste Public Private Partnership (PPP) Project - Explanatory note of
financial information released under Freedom of Information (FOI)' I
additional request:
(3) Details of the date on which Ernst and Young were first contacted to
undertake this work, the data on which terms of reference or scope of the
work was agreed, and the date on which any drafts of this work were
delivered to the responsible party at GCC
Given this request relates to a topic of current public interest, I would
kindly ask that a response is given priority.
Please consider this request under the Environmental Information
Regulations (EIR) as it relates to a project with major environmental
impacts, including air quality implications and waste disposal. In this,
would also like to draw attention to the ICO's previous comments on the
timeliness of responses to my previous requests in relation to this
project, and to the reduced time-limits set out in law under the EIRs.
 
We aim to respond to your request no later than midnight on 4 February
2019 (the statutory timescale of 20 working days, starting on the working
day following receipt of your request). We may need to contact you if the
request needs to be clarified; this is to ensure we provide you with the
information you require.
 
If the information you have requested is held by another public authority,
we will inform you of this so that you can contact them directly.
 
Gloucestershire County Council is committed to the principles of
information disclosure and will, wherever possible, provide all
information requested. However, some information you have requested may
not be provided to you; this will only be information that can be withheld
by law, and, in most cases, the reason will be explained to you when we
send out any information that can be released. We will also inform you as
soon as possible if we do not hold the information you have requested.
 
Our response to your request may be published in our disclosure log, with
your personal details removed. Our new disclosure log can be found on our
website at: [1]www.gloucestershire.gov.uk/foi.  In future, you may find
that the answer to your questions about the Council has already been
published.
 
Yours faithfully

Request Support Assistant
Information Management Services

01452 324000

References

Visible links
1. http://www.gloucestershire.gov.uk/foi

Gloucestershire CC, Gloucestershire County Council

2 Attachments

Information request
Our reference: 11190869

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Dear Sir/Madam
 
I am pleased to provide a response to your request for information,
received on 7 January 2019 :

(1) A copy of the Terms of Reference, deliverables or other text setting
out the work to be completed, given to Ernst and Young for each and every
Value for Money report, and/or Explanatory Note in relation to the Javelin
Park Energy From Waste Incinerator.
This should include, but not be limited to, the ToRs (etc.) for the
documents published on 20th December 2018 at
https://www.gloucestershire.gov.uk/counc...
(2) Details of the agreed price and/or the final paid amount for this
work;
With respect to the report dated 19th December 2018 and titled 'Residual
Waste Public Private Partnership (PPP) Project - Explanatory note of
financial information released under Freedom of Information (FOI)' I
additional request:
(3) Details of the date on which Ernst and Young were first contacted to
undertake this work, the data on which terms of reference or scope of the
work was agreed, and the date on which any drafts of this work were
delivered to the responsible party at GCC
Given this request relates to a topic of current public interest, I would
kindly ask that a response is given priority.
Please consider this request under the Environmental Information
Regulations (EIR) as it relates to a project with major environmental
impacts, including air quality implications and waste disposal. In this,
would also like to draw attention to the ICO's previous comments on the
timeliness of responses to my previous requests in relation to this
project, and to the reduced time-limits set out in law under the EIRs.

Please find this information attached.

Gloucestershire County Council has not withheld any information in
relation to this request under the exemptions of the Freedom of
Information Act 2000 (FoIA).

I will now close your request as of this date.

Yours faithfully
Elizabeth Varley
Information Requests Officer
Information Management Service

01452 324000

NOTE: Please do not edit the subject line when replying to this email.
 

Dear Gloucestershire CC,

Thank you for your response: though I will admit I am disappointed that you have waited until the statutory deadline to reply. I hope that you will respond to this message more promptly.

I do not consider this response to close my request. If necessary, please consider this as a request for an Internal Review, under the processes set out in the Environment Information Regulations.

My request asked for "A copy of the Terms of Reference, deliverables or other text setting out the work to be completed, given to Ernst and Young for each and every Value for Money report, and/or Explanatory Note in relation to the Javelin Park Energy From Waste Incinerator."

The operative words here are 'given to'. That is, I requested the documents setting out Terms of Reference (or similar) as provided by the authority.

The documents supplied and referenced contain E&Y's statement of the scope of work, but do not constitute the Terms of Reference as given by GCC to E&Y.

Please supply therefore, the written instructions (as Terms of Reference, e-mail confirmation or other documentary evidence) of the work that was requested from Ernst and Young. Depending on the process of commissioning this work, I would anticipate it would form a written document, part of a work order, or an e-mail from GCC to E&Y.

If you need any clarification of this request, I would be happy to discuss it.

Yours sincerely,

Tim Davies

Dear Gloucestershire CC,

Please can you confirm you received my request for an Internal Review, sent on 4th February, and copied below for your convenience.

I would anticipate a response to this by Friday (20 working days from the request). This request was made under Environmental Information Regulations, and my understanding is that you are not entitled to extend the deadline for Internal Review under the EIRs.

Yours sincerely,

Tim Davies

----

Dear Gloucestershire CC,

Thank you for your response: though I will admit I am disappointed that you have waited until the statutory deadline to reply. I hope that you will respond to this message more promptly.

I do not consider this response to close my request. If necessary, please consider this as a request for an Internal Review, under the processes set out in the Environment Information Regulations.

My request asked for "A copy of the Terms of Reference, deliverables or other text setting out the work to be completed, given to Ernst and Young for each and every Value for Money report, and/or Explanatory Note in relation to the Javelin Park Energy From Waste Incinerator."

The operative words here are 'given to'. That is, I requested the documents setting out Terms of Reference (or similar) as provided by the authority.

The documents supplied and referenced contain E&Y's statement of the scope of work, but do not constitute the Terms of Reference as given by GCC to E&Y.

Please supply therefore, the written instructions (as Terms of Reference, e-mail confirmation or other documentary evidence) of the work that was requested from Ernst and Young. Depending on the process of commissioning this work, I would anticipate it would form a written document, part of a work order, or an e-mail from GCC to E&Y.

If you need any clarification of this request, I would be happy to discuss it.

Yours sincerely,

Tim Davies

Gloucestershire CC, Gloucestershire County Council

Information request
Our reference: 11190869

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

 
Dear  Sir
 
Thank you for your request for a review received on  4 February 2019 . We
apologise for omitting to acknowledge your request at that time.  
 
I am sorry that you are dissatisfied with our attempts to handle your
request under the  Freedom of Information Act 2000 and can confirm that we
are continuing to consider your concerns. In line with the council's
Information Compliance Internal Review and Complaints Procedure, we are
extending the deadline for informing you of the outcome of your complaint
to the full 40 working days, and hope to respond by midnight on the 1st
April 2019.
 
Yours faithfully
Request Support Assistant
Information Management Services

01452 324000

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Gloucestershire CC,

Thank you for you response.

You have explained to me by phone today that the failure to sent acknowledgement at the time of the request was an oversight.

I explained my belief that the EIR required an internal review response within 20 days. I have reviewed the ICOs guidance, and accept that there is up to 40 days allowed for a response, but that the ICO consider "that in most cases it should be possible for the authority to respond within 20 working days."[1]

As this is not a complicated request, and given previous ICO comments on the slow handling of information requests relating to the Javelin Park Energy from Waste facility, I would urge you to address this request promptly.

Yours sincerely,

Tim Davies

[1]: https://ico.org.uk/media/for-organisatio...

Gloucestershire CC, Gloucestershire County Council

Information request
Our reference: 11190869

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

 
Dear  Mr. Davies,
 
I am writing in response to your request for an Internal Review received
on the 4th February 2019.
You stated that:
 
My [FOI] request asked for "A copy of the Terms of Reference, deliverables
or other text setting out the work to be completed, given to Ernst and
Young for each and every Value for Money report, and/or Explanatory Note
in relation to the Javelin Park Energy From Waste Incinerator."

The operative words here are 'given to'. That is, I requested the
documents setting out Terms of Reference (or similar) as provided by the
authority.

The documents supplied and referenced contain E&Y's statement of the scope
of work, but do not constitute the Terms of Reference as given by GCC to
E&Y.

Please supply therefore, the written instructions (as Terms of Reference,
e-mail confirmation or other documentary evidence) of the work that was
requested from Ernst and Young. Depending on the process of commissioning
this work, I would anticipate it would form a written document, part of a
work order, or an e-mail from GCC to E&Y. 
 
We have completed our investigation into the points you raise and can
confirm that the council do not hold any separate written terms of
reference as these were initially verbal and recorded in the document
itself.
 
Right of Appeal

If you remain dissatisfied with the outcome of the investigation into your
complaint, and this response, please contact the Information Commissioner,
whose contact details are:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 (or 01625 545745 if you would prefer not to call an
'03' number, or +44 1625 545745 if calling from overseas)

To assist the Information Commissioner in dealing with your complaint, you
can complete their online form, which is available at:
[1]https://ico.org.uk/concerns/  

Yours faithfully
Elizabeth Varley
Information Requests Officer
Information Management Service

01452 324000

 
NOTE: Please do not edit the subject line when replying to this email.

References

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1. https://ico.org.uk/concerns/

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