Request ID: FOI-0485-2425 Date published: 03 June 2024
You asked
F/O from 0198-2425
Dear Sara,
Thank you for your response.
I confirm that I have been granted access to redacted copies of the RSPA Vols 1, 2, 3, 4, 9, 10,11,12 and 13.
Please could you kindly clarify the status of TFL’s response to my second request below, highlighted in yellow?
2. In addition, I would be grateful to receive electronic copies of the following additional RSPA documents:
• any Option Notices issued under the RSPA for orders of Option Units since contract commencement;
• any Option Unit Changes issued since contract commencement;
• any contractual amendments to the RSPA since contract commencement which extend the Option Expiry Date; and
• any contractual amendments to the RSPA since contract commencement which amend the Option requirements, including the Option Order, Option Period, Option Units or Option Price.
I have not been granted access to any of these documents. I would be grateful if TfL could clarify whether it holds copies and also whether it is able to provide them, in response to my previous FOIA request.
We answered
TfL Ref: 0485-2425
Thank you for your further request following on from ref 0198-2425, received by Transport for London (TfL) on 10 May 2024 asking for information about additional Crossrail RSPA documents.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold some of the information you require. Your specific questions and our replies are as follows: In addition, I would be grateful to receive electronic copies of the following additional RSPA documents:
• any Option Notices issued under the RSPA for orders of Option Units since contract commencement; We hold this information which is in the attached documents.
• any Option Unit Changes issued since contract commencement; We hold this information which is in the attached documents.
• any contractual amendments to the RSPA since contract commencement which extend the Option Expiry Date; and None at this time
• any contractual amendments to the RSPA since contract commencement which amend the Option requirements, including the Option Order, Option Period, Option Units or Option Price. None at this time
The following exemptions to the right of access under the Freedom of Information Act have been applied to aspects of the documents we are disclosing:
S.40(2) (Data Protection); some personal data has been removed from the documents. This is because disclosure would be a breach of the legislation, specifically the first principle of Article 5 of the 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’.
S.41 (Actionable Breach of Confidence); Some information contained in the attached documents was supplied to TfL under an obligation of confidentiality. Disclosure of this technical information by TfL would constitute an actionable beach of confidence.
S43(1) & S43(2) (Prejudice to Commercial Interests); Information, including detailed breakdowns of pricing, mitigation of risk, identification of potential subcontractors, detailed technical specifications and information which would be likely to affect Alstom’s competitive advantage (noting Alstom acquired Bombardier’s rail transportation business, including the RSPA, in 2021). Some of the redacted information, because of its technical nature, also constitutes a trade secret and is therefore subject to exemption under s43(1). Whilst we recognise that there will be a high level of interest in the more technical aspects of the contract, we consider that even if the disclosure did not lead to action for breach of confidence, it would damage our ability to engage with suppliers in the future.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. In this instance, factors in favour of disclosure, such as the general public interest in transparency and openness are outweighed by the potential damage to the effective operation of the bidding process. Disclosure would therefore be likely to prejudice TfL’s ability to obtain best value from its procurement process, leading to increases in the cost to the public, either through taxation or increased fares, and Alstom’s ability to compete on a level playing field with other companies. There are a limited number of companies able to bid for such contracts and Alstom are likely to find themselves competing for similar contracts in the future. In this instance we consider that the public interest lies in obtaining the best value from the market, whilst respecting the implied and explicit obligations of confidentiality which are created through the procurement process.
TfL recognises the need for openness and transparency by public authorities, but in this instance as disclosure of this information would be likely to prejudice TfL’s ability to obtain best value from its procurement process and Alstom’s ability to compete with other companies, it is considered that the public interest favours the use of the exemption.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Sara Thomas FOI Case Management Team General Counsel Transport for London
