Further to your request for a review of FOI/EIR 15/16-514 which has been logged under FOI/EIR 15/16-590please find your request and our response below.
Request:
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of East Cambridgeshire District Council's handling of my FOI request 'Agenda Item 15, Council Meeting 22nd October'.
I cannot believe that every part of the agenda paper would fall into information that would dangerously strengthen the hand of a competitor for the tender. Indeed, the advert would typically include an indicative budget. I would expect a small amount of redaction at the very worst, not the whole item being exempt.
Response:
I have reviewed the response provided to your FOI/EIR request 15/16-514. In carrying out the review I have thoroughly re-examined the original decision and handling of the request and have reviewed the outcome of the public interest test.
The original request was refused under Section 43 of the Freedom of Information Act 2000 on the basis that to release the information would prejudice the Council’s commercial interests, as the information contained in the report relates to the Council’s future procurement plans in relation to the proposed District Leisure Centre.
In considering whether to apply the exemption, it was necessary to apply the public interest test and the test of prejudice. The key question was whether the information requested relates to, or could it impact on, a commercial activity of the Council? The answer was yes as it would release information which future tenderers could use to the disadvantage of the Council as a public authority, for example, by disclosing the future budget for the project and this would therefore encourage suppliers to raise their prices accordingly. As the Council is accountable for the spending of public money, it is in the public interest that this information is withheld.
You indicated in your request for an internal review that any advert for a prospective tenderer would include an indicative budget and this is not the case. Further, the procurement process for the Leisure Centre is still in the very early stages. Having reviewed the original decision not to release the information, I have no alternative but to uphold the original decision that the information cannot be released under Section 43 of the Freedom of Information Act 2000 as it would impact on a commercial activity of the Council and further it is not in the public interest to release the information.
This concludes your request FOI/EIR 15/16-590
Should you remain dissatisfied with the outcome you have a right under s50 of the Freedom of Information Act to appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF.