Request ID: FOI-0765-2122 Date published: 07 September 2021
You asked
Please may I make a number of requests under the FOI Act regarding the Crossrail 2 Programme Board.
1) Please may I confirm whether the Crossrail 2 Programme Board is still meeting?
2) Please may you confirm the dates of the five most recent meetings.
3) Please may I have copies of the 5 most recent minutes (and copies of any presentations/slides) of the meetings of the Crossrail 2 Programme Board.
We answered
TfL Ref: FOI-0765-2122
Thank you for your request received by Transport for London (TfL) on 14th July 2021 asking for information about the Crossrail 2 Programme Board.
Your request has been considered in accordance with the requirements of the Environmental Information Regulations and our information access policy.
Specifically you asked:
“1) Please may I confirm whether the Crossrail 2 Programme Board is still meeting? 2) Please may you confirm the dates of the five most recent meetings. 3) Please may I have copies of the 5 most recent minutes (and copies of any presentations/slides) of the meetings of the Crossrail 2 Programme Board.”
I can confirm that we hold the information you require.
The Crossrail 2 Programme Board is no longer meeting as the project is largely on hold. Given TfL’s current finances and the lack of a viable funding package for the scheme at the moment, we are not in a position to confirm when our work on seeking consent can restart. More information on the status of the project can be found here:
12 April 2018 28 June 2018 1 November 2018 19 February 2019 23 September 2019
Copies of the minutes and slides from these meetings are attached. Note that a number of redactions have been made under EIR exceptions12(5)(e) (which states that a public authority may refuse to disclose information to the extent that its disclosure would adversely affect the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest) - and 12(5)(d) (which relates to confidentiality of proceedings).
In relation to exception 12(5)(e), the redacted material contains commercially sensitive information. We consider that disclosing this information into the public domain would severely diminish our ability to negotiate competitively and potentially prevent us securing best value for public funds in the future should the project go ahead. As with all regulations under EIR, the application of exception 12(5)(e) is subject to consideration of a public interest test. We believe that the public interest is best served in this instance by ensuring that TfL is able to obtain the best value for money for this project. Any unanticipated increase to the cost of the scheme would ultimately be paid for by the public purse. We believe this outweighs the general public interest in releasing the material.
In relation to exception 12(5)(d), this applies where disclosing the information requested would adversely affect the confidentiality of a public authority’s proceedings where the confidentiality arises from statute or common law. The information you have requested relates to the consideration of safeguarding directions and it is imperative that the Department for Transport (DfT) and TfL are able to discuss and consider options that relate directly to the formulation and development of ‘live’ government policy with regards to Crossrail 2. While we recognise the need for openness and transparency by public authorities, the redacted information under this exception relates to the formulation of government policy, and carries a common law duty of confidence. We consider that the need to protect the confidentiality of these proceedings outweighs any public interest in release of the material
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,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
