Dear Sean
 
Thank you for your recent correspondence, which has been received by the
Liverpool City Region Combined Authority and Merseytravel. Please use the
reference number 2426352 in any future correspondence on this matter.
 
For requests under the Freedom of Information Act 2000 or Environmental
Information Regulations 2004  we will aim to provide a response within
twenty working days.
 
For requests under the Data Protection Act 2018 or General Data Protection
Regulation we will aim to respond within one month.
 
To contact us about this case click below
 [1]Contact us about this case 
 
 
Kind Regards
 
Andy Henderson
Senior Information Management Officer | 1 Mann Island, Liverpool, L3 1BP
Office: 0151 330 1679 |
Email: [email address] 
 

 Please consider the environment before printing this e-mail.

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

References

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1. Contact us about this case
https://legalmerseytravelportal.icasewor...

Dear Sean

Thank you for your recent request made under the Freedom of Information
Act 2000.

Merseytravel views the details of the leases of the new Class 777 Rolling
Stock as potentially prejudicial to the commercial interests, either
belonging to us or a third party, and must give consideration to Section
43 of the Act. Section 43 is a qualified, prejudice-based exemption, and
is therefore subject to a public interest test. The Information
Commissioner’s Office has issued guidance on Section 43, which can be
viewed on their website at [1]this link.

The public interest argument for disclosure is that it allows a greater
degree of scrutiny over how public money is spent in the delivery of
Merseytravel’s work, while contributing to transparency over how decisions
have been reached. It is important that public authorities allow their
decisions to be scrutinised by the public to ensure that funds are managed
appropriately. The new trains represent an important improvement to the
Merseyrail network and will have a direct impact on the lives of those
residents who travel locally by train.

The public interest factors to withhold the information relate to the
prejudicial impact that the disclosure would have on the commercial
interests of any person (including the public authority itself). It would
not, for example, be in the public interest to disclose information about
a particular commercial body if that information was not common knowledge
and would be likely to be used by competitors in a particular market to
gain a competitive advantage. Disclosure under the Act is viewed as to the
world at large, not simply to the individual requester, and consideration
must therefore be given to how it may be used by any party.

By way of background, Merseytravel and Merseyrail are separate bodies;
Merseytravel is the Executive body that provides professional, strategic
and operational transport advice to the Liverpool City Region Combined
Authority, while Merseyrail Electrics Limited is a 50/50 joint venture
company between Serco and Abellio, which has a 25 year concession
agreement with Merseytravel to operate the network.

In this particular case, the lease builds on the arrangements that have
been in place for the leasing of Rolling Stock since the beginning of
Merseyrail Electric Limited’s current concession agreement in 2003. The
duration of the lease for the new fleet is up to the end of this contract
in 2028. We are conscious of the profile of the new trains, and are aware
of the ongoing developments in how local rail services are managed, both
nationally and overseas. Information contained within the lease agreement
are likely to be of interest to a range of parties, most notably other
companies that engage with other public bodies. Should the details of our
arrangement be disclosed there is a distinct possibility that it would be
likely to be used as a yardstick against which others may measure their
own needs and demands, in turn amending their negotiations accordingly.
This would be likely to disadvantage either the public body in question or
their commercial partners, thereby engaging S.43.

In this instance, it is Merseytravel’s opinion that the balance of factors
against disclosure of the information outweighs those in favour of
release, and is therefore relying on Section 43(2) to withhold the
requested information.

We can however advise you that the value is consistent with the rates that
are in widespread use within the commercial market for similar
transactions in the U.K. at c. £25m per annum for the entire fleet and
associated equipment.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review, which should be addressed to:

                Mrs Julie Watling

                Legal Services Manager

                Merseytravel

                PO Box 1976

                Liverpool

                L69 3HN

                [2][email address]

If you are not content with the result of your internal review, you also
have the right to complain to the Information Commissioner, whose address
is

                The Information Commissioner’s Office,

                Wycliffe House,

                Water Lane,

                Wilmslow,

                Cheshire SK9 5AF

                [3]www.ico.org.uk

Andy Henderson

Senior Information
Management Officer |
Merseytravel | Mann
Island, PO Box 1976,
Liverpool, L69 3HN

Office: 0151 330 1679 |
Email:
[4][Merseytravel request email]

The information supplied continues to be protected by copyright. You are
free to use it for your own purposes, including for private study and
non-commercial research and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can
also be used in the UK without requiring permission for the purposes of
news reporting. Any other reuse, for example, commercial publication would
require the permission of the copyright holder.

show quoted sections

 
Dear Sean
 
Thank you for your recent correspondence, which has been received by the
Liverpool City Region Combined Authority and Merseytravel. Please use the
reference number 2426352 in any future correspondence on this matter.
 
For requests under the Freedom of Information Act 2000 or Environmental
Information Regulations 2004  we will aim to provide a response within
twenty working days.
 
For requests under the Data Protection Act 2018 or General Data Protection
Regulation we will aim to respond within one month.
 
To contact us about this case click below
 [1]Contact us about this case 
 
 
Kind Regards
 
Andy Henderson
Senior Information Management Officer | 1 Mann Island, Liverpool, L3 1BP
Office: 0151 330 1679 |
Email: [email address] 
 

 Please consider the environment before printing this e-mail.

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

References

Visible links
1. Contact us about this case
https://legalmerseytravelportal.icasewor...

Good afternoon

I refer to your request for an internal review in respect of your freedom
of information request.  I am presuming from your request that you wanted
copies of the lease of the trains with Merseyrail?  Having given due
consideration to the guidance published by the Information Commissioner, I
am of the opinion that our initial response was in accordance with the
legislation; to release these would be prejudicial to commercial interests
and come within the remit of Section 43.  The balance of factors against
disclosure of the information outweighs those in favour of release.    We
have, however, provided you with the information in relation to the
duration and estimated cost of leases. 

If you are not content with the result of your internal review, you also
have the right to complain to the Information Commissioner, whose address
is as follows:-

                The Information Commissioner’s Office,

                Wycliffe House,

                Water Lane,

                Wilmslow,

                Cheshire SK9 5AF

                [1]www.ico.org.uk

Kind regards

Julie Watling

Legal Services Manager | 1 Mann Island, Liverpool, L3 1BP

[mobile number] | Email:
[2][email address]

 
[3][IMG]

show quoted sections

Dear Sean

Thank you for your email.

The new trains are solely owned by Merseytravel and the Combined
Authority. As explained in our initial response, the trains are being
leased to Merseyrail Electric Limited for the remainder of the existing
concession agreement with Merseytravel.

Merseyrail Electric Limited is a private 50/50 joint venture company
between Serco and Abellio. Our initial response stated that the annual
cost of the annual leases of the trains was c.£25m, which is being paid by
Merseyrail Electric Limited (a private company) to Merseytravel. There is
therefore no involvement of public funds in the payment of the lease
costs.

This concludes our response.

If you are not content with the result of your internal review, you also
have the right to complain to the Information Commissioner, whose address
is

                The Information Commissioner’s Office,

                Wycliffe House,

                Water Lane,

                Wilmslow,

                Cheshire SK9 5AF

                [1]www.ico.org.uk

Andy Henderson

Senior Information
Management Officer |
Merseytravel | Mann
Island, PO Box 1976,
Liverpool, L69 3HN

Office: 0151 330 1679 |
Email:
[2][Merseytravel request email]

The information supplied continues to be protected by copyright. You are
free to use it for your own purposes, including for private study and
non-commercial research and for any other purpose authorised by an
exception in current copyright law. Documents (except photographs) can
also be used in the UK without requiring permission for the purposes of
news reporting. Any other reuse, for example, commercial publication would
require the permission of the copyright holder.

show quoted sections