TfL Ref: FOI-0128-1718
Thank you for your email received by Transport for London (TfL) on 18 April 2017 asking about correspondence.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.
However, in accordance with the FOI Act, we are not obliged to supply the information requested as it is subject to a statutory exemption to the right of access to information under section 43(2) of the FOI Act, which exempts information where disclosure would be likely to prejudice commercial interests.
You have clarified that the scope of your request includes emails exchanged with Ron Kalifa when Leon Daniels was not only the sender or recipient, but was copied in, that relate to any subject. We have applied this exemption to two email exchanges relating to fare revenue across the TfL network. These emails contain information relating to TfL revenue streams and fare structures across the network, including projected financial impacts on our revenue.
Disclosure of this information would be likely to have a negative impact on current and future tender exercises for the operation of bus routes by placing in the public domain comment about theoretical changes to fare revenue and its structure. Whilst this discussion was exploratory and simply for the purpose of information gathering, there is a potential that bus operators could alter their bids for certain routes because of unfounded concern that discussion about changes to fare revenue and its structure could potentially lead to decreased passenger numbers and therefore decreased viability of certain routes. This would hinder our ability to obtain best value for public money in managing the bus service.
Similarly, this same situation could lead to commercial difficulties in arranging our revenue split with the Train Operating Companies who may consider there to be a likelihood of increased passenger numbers on their services in the event of fewer bus passengers.
Additionally, the remainder of the information is subject to one of the statutory exemptions to the right of access to information under Section 42 of the FOI Act which relates to information covered by Legal Professional Privilege (LPP). LPP is a common law concept that protects the confidentiality of communications between a legally qualified adviser and client for the purpose of the provision of advice or in connection with litigation.
There is a very strong element of public interest inbuilt into the concept of LPP 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
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Lee Hill
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London