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TfL TCP Bid Corruption

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Dear Transport for London,

I have provided information to TfL regarding serious ethical wall violations by Installation Technology and BAI. This is in relation to the Transport for London Telecommunications Commercialisation Project (TfL TCP) bid, and if proven, would result in the disqualification of the BAI TCP bid. TfL have concluded the investigation into this case. Please can you you provide all the details regarding this investigation and what action has been taken against the offending companies.

Yours faithfully,

John

FOI, Transport for London

Dear John

 

Our Ref:         FOI-2563-2021

 

Thank you for your request received on 16 March 2021 asking for
information about the TfL Telecommunications Commercialisation Project
(TCP).

 

Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. 

 

In accordance with Section 8(1)(b) of the Freedom of Information Act and
TfL’s information access policy, to be able to deal with your request we
will need to be provided with your full name. If you could please provide
this.

 

In addition, from the description provided, we are unable to identify the
information you require. Please confirm what details specifically
regarding the investigation you are requesting.

 

If you would like us to continue with this request, please provide the
clarification requested above together with any other details you think
might help us locate the information you require.

 

Please note that the 20 working day deadline for responding to your
request will depend on when we receive satisfactory additional information
to help clarify your request.  

 

If we hear nothing further from you by 9 April 2021 your response will be
treated as a new request.

 

In the meantime, if you have any queries or would like to discuss your
request, please feel free to contact me.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

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Dear FOI,

Thank you for your response. My name is John Crow.

You can get the details for the investigation into the TfL TCP bid corruption from the TfL staff member Paul Bromage (Fraud & Corruption Investigations Manager).

Yours sincerely,

John Crow

FOI, Transport for London

Dear Mr Crow,

 

Thank you for providing your name. However, I am still unclear about what
details you are requesting regarding the investigation. If you could
please advise what information you would like to know about the
investigation and then we can process your request.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

 

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Dear FOI,

I would like a copy of the report into the investigation into the TfL TCP bid corruption. I would also like to know what action TfL has taken against the offending companies.

Yours sincerely,

John

FOI, Transport for London

Dear Mr Crow

 

Our Ref:         FOI-2563-2021

 

Thank you for clarifying your request asking for information about the TfL
Telecommunications Commercialisation Project (TCP).

 

We will aim to issue a response by 27 April 2021 in accordance with the
Freedom of Information Act 2000 and our information access policy. Please
think carefully about whether the request is essential at this current
time, as answering FOI requests will require the use of limited resources
and the attention of staff who could be supporting other essential
activity. Where requests are made, please note that our response time may
be impacted by the current situation and so you may wish to reconsider the
timing of this request. Please notify us as soon as possible if you would
like to withdraw your request at the current time.

 

We publish a substantial range of information on our website on subjects
including operational performance, contracts, expenditure, journey data,
governance and our financial performance. This includes data which is
frequently asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[3][TfL request email]

 

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FOI, Transport for London

1 Attachment

Dear Mr Crow

 

Our Ref:         FOI-2563-2021

 

Thank you for your request asking for information about the TfL
Telecommunications Commercialisation Project (TCP).

 

Your request is being considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. I
can confirm we do hold the information you require.

 

However, in accordance with Section 17 of the Freedom of Information Act
we are still considering the balance of the public interest in relation to
a qualified exemption that applies to the requested information and have
not yet reached a conclusion. The exemptions under consideration are
section 40(2) personal data, section 42 legal privilege, and section
31(2)(b) information that could prejudice an investigation. It is
estimated that a decision will be reached by 25 May 2021 and I will write
again to inform you of that decision.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

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Dear FOI,

We are talking about proven ethical wall violations on a multi-billion pound bid. Certain TfL staff members have clearly turned a blind eye to this, over the course of several years. More recently, despite having concrete proof of this corruption, TfL have rewarded the guilty party with millions of pounds of new business. TfL’s behavior is highly dubious in this matter and this indicates widespread high level corruption within TfL. The balance is clearly in favour of the public interest.

Yours sincerely,

John Crow

FOI, Transport for London

1 Attachment

Dear Mr Crow

 

Our Ref:         FOI-2782-2021

 

Thank you for your request received on 31 March 2021 asking for a copy of
the report into the investigation into the TfL Telecommunications
Commercialisation Project (TCP) bid.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. I
can confirm we do hold the information you require.

 

In accordance with the FOI Act, we are not obliged to supply the requested
information as it is subject to statutory exemptions to the right of
access to information under section 40(2) – personal information, section
42 – legal privilege, section 43(2) – prejudice to commercial interests,
and section 31(2)(b) – investigations into possible improper conduct.

 

Please note that while we are withholding the report you have requested,
we can confirm that the matter was fully investigated and appropriate
action was taken.

 

In accordance with our obligations under the Data Protection legislation
the information has been withheld as required by section 40(2) of the FOI
Act.

 

We have to regard disclosure of any information under FOI as a disclosure
to ‘the public at large’. We consider that there is a high possibility
that if this data were released and combined with other information that
may be known to other people there is a very real risk of reidentification
as it relates to individuals who were part of a small team.

 

Disclosure of this personal data would be a breach of the legislation,
specifically the first principle of Article 5 of the UK General Data
Protection Regulation which requires all processing of personal data to be
fair and lawful. It would not be fair to disclose this personal
information when the individuals have no expectation it would be disclosed
and TfL has not satisfied one of the conditions which would make the
processing ‘fair’.

 

We do not think it would be fair to disclose this information as there is
no expectation from the individuals that this information would be placed
into the public domain and there would be a very real risk that
individuals could potentially be identified from the information.

 

This exemption to the right of access to information is an absolute
exemption and not subject to an assessment of whether the public interest
favours use of the exemption.          

 

Some of the information you have requested has also been withheld as it is
subject to a statutory exemption to the right of access to information
under section 42. In this instance the exemption has been applied as some
of the information you have requested relates directly to the seeking,
provision, and result of legal advice.

 

Section 42 of the FOI Act exempts legally privileged information,
including legal advice, from disclosure under the FOI Act. There is a very
strong element of public interest inbuilt into the concept of Legal
Professional Privilege and this has long been recognised, by the
Information Commissioner, the Information Tribunal and the courts, and it
reflects the importance of legal advice being sought, and given, in
confidence as a fundamental condition on which the administration of
justice rests. There is an inherent public interest in TfL being able to
obtain full and frank legal advice, and this is consistent with TfL’s
responsibility to analyse and address legal risks and issues.

 

We also consider this information to be exempt under section 43(2) as it
would be likely to prejudice TfL’s commercial interests. We consider that
provision of this information would place into the public domain
information about our investigative techniques and abilities which could
be used by others to attempt to circumvent these processes which would be
likely to hinder our ability to protect TfL against wrongdoing which would
lead to negative financial consequences for the organisation.

 

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. TfL
recognises the need for openness and transparency by public authorities
but in this instance the public interest in ensuring that TfL is able to
obtain the best value for public money outweighs the general public
interest in increasing transparency of our processes.

 

Finally, we consider the requested information is exempt under section
31(1)(g), which relates to information where disclosure would or would be
likely to prejudice the exercise by any public authority of its functions
for any of the purposes listed in subsection 31(2) of the FOI Act,
specifically, ‘(2)(b) the purpose of ascertaining whether any person is
responsible for any conduct which is improper.’

 

In this instance the exemption has been applied as the information was
obtained for the purposes of an investigation carried out by our
Counter-fraud & Corruption team. The team is an independent function
within the Risk & Assurance directorate, with responsibility for
conducting investigations into all allegations of fraud or corruption
against TfL, arising out of audit exercises, whistleblowing and other
forms of referral. This directorate derives its authority primarily from
the Accounts and Audit Regulations 2003 as amended by the Accounts and
Audit (Amendment) (England) Regulations 2006. These established a
statutory requirement to have an internal audit function.

 

TfL is a non-regulated organisation within the meaning of the Financial
Services Act and therefore under no statutory duty to conduct
investigations into all alleged criminal conduct against its business
interest. However, in complying with statutory obligations, we have
created the Internal Audit department within the Risk & Assurance
Directorate in accordance with section 151 of the Local Government Act
1972 and the Accounts and Audit Regulations 2003, with the aim of
maintaining an adequate and effective internal audit function. In
accordance with the Audit Commission’s Fraud and Corruption Manual for
Local Government, “any indication of fraud and irregularities from
whatever source and whatever the likely amount involved should be followed
up forthwith”. While we have no statutory duty, and is not therefore a
prosecuting authority for the purposes of the allegations in this case, we
are obliged to conduct investigations under the Local Government Act and
Audit Commission Regulations.

 

In addition, under section 3 of the Local Government Act 1999, TfL has a
duty to, “make arrangements to secure continuous improvement in the way in
which its functions are exercised, having regard to a combination of
economy, efficiency and effectiveness”. Our Counter Fraud & Corruption
team, and any investigations into allegations of wrongdoing, are an
important element of our compliance with this duty.

 

Disclosure of the circumstances of this case would prejudice our
investigative and audit functions as responses in relation to similar
investigations could be tentative or less full and frank. In addition, due
to the detail contained within the report regarding the manner in which
the investigation was conducted, disclosure would allow those being
audited/investigated and third parties to be forewarned or foresee what
the audit process would consist of and allow them to obfuscate or withhold
information during the process. TfL has an audit function to audit all
parts of the business, including any procurements and contracts we enter
into, taking appropriate action as a result. To do this effectively it
needs the room to explore all relevant facts and issues that arise. It
would not be appropriate to disclose information about the audit process
into the public domain which could be used by third parties to hinder this
process. Many of the contracts put out to tender by TfL are of very high
value and there is a risk that any necessary investigations could be
hindered by this information being made public. None of this would be in
the public interest.

 

The use of this exemption is also subject to an assessment of the public
interest in relation to the disclosure of the information concerned. Once
again, we recognise the need for openness and transparency by public
authorities, particularly in informing the public about the investigative
process to promote accountability and transparency in order to maintain
that confidence and trust. However, in this instance we believe the
greater public interest lies in ensuring that TfL is able to carry out
effective investigations into any alleged misconduct in order to address
any concerns regarding any of its operations.

 

If you are considering submitting a further FOI request please think
carefully about whether the request is essential at this current time, as
answering FOI requests will require the use of limited resources and the
attention of staff who could be supporting other essential activity. Where
requests are made, please note that our response time may be impacted by
the current situation.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

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Dear FOI,

I have provided TfL conclusive proof that the TCP has been corrupted. If you won't provide the investigation report, please can you tell me what punitive action you hsave taken against the offending parties? Have you disqualified the bid of the offending parties? Have you removed the offending partiies as TfL suppliers? Or have you instead, awarded additional business to the offending parties?

Yours sincerely,

John

FOI, Transport for London

Dear Mr Crow          

 

Our Ref:         FOI-0509-2122

 

Thank you for your request received on 11 June 2021 asking for information
about the TfL Telecommunications Commercialisation Project (TCP) bid.

 

We will aim to issue a response by 8 July 2021 in accordance with the
Freedom of Information Act 2000 and our information access policy. Please
think carefully about whether the request is essential at this current
time, as answering FOI requests will require the use of limited resources
and the attention of staff who could be supporting other essential
activity. Where requests are made, please note that our response time may
be impacted by the current situation and so you may wish to reconsider the
timing of this request. Please notify us as soon as possible if you would
like to withdraw your request at the current time.

 

We publish a substantial range of information on our website on subjects
including operational performance, contracts, expenditure, journey data,
governance and our financial performance. This includes data which is
frequently asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

We will publish anonymised versions of requests and responses on the
[2]www.tfl.gov.uk website. We will not publish your name and we will send
a copy of the response to you before it is published on our website.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[3][TfL request email]

 

 

 

show quoted sections

FOI, Transport for London

Dear Mr Crow          

 

Our Ref:         FOI-0509-2122

 

Thank you once again for your request received on 11 June 2021 asking for
information about the TfL Telecommunications Commercialisation Project
(TCP) bid.

 

Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and our information access policy. 

 

Unfortunately, from the description provided, we are unable to identify
the information you require. With regard to your first question – ‘Please
can you tell me what punitive action you have taken against the offending
parties?’, can you please confirm whether this question relates to the
individuals who were part of the investigation or the company involved.

 

The FOI Act allows you to request recorded information held by Transport
for London (TfL). There are limits on the time that TfL are required to
spend determining whether TfL holds the information you are requesting and
the time spent locating, retrieving and extracting it. Therefore you
should identify the information that you want as clearly and concisely as
you can, specifying the types of document that you are looking for. You
might also consider limiting your request to a particular period of time,
geographical area or specific departments of TfL.

 

Although your request can take the form of a question, rather than a
request for specific documents, TfL does not have to answer your question
if it would require the creation of new information or the provision of a
judgement, explanation, advice or opinion that was not already recorded at
the time of your request.

 

Please note that the 20 working day deadline for responding to your
request will depend on when we receive satisfactory additional information
to help clarify your request.  

 

If we hear nothing further from you by 5 July 2021 your response will be
treated as a new request.

 

In the meantime, if you have any queries or would like to discuss your
request, please feel free to contact me.

 

Yours sincerely

 

Gemma Jacob

Senior FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

 

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We don't know whether the most recent response to this request contains information or not – if you are John please sign in and let everyone know.