Request ID: FOI-0815-2122 Date published: 12 August 2021
You asked
Dear Sir / Madam,
I am hereby making a request under the Freedom of Information Act.
I would like to request a copy of any correspondence you have had with government bodies (e.g. the Department for Transport) or other transport operators or bodies (e.g. the Rail Delivery Group, non-TfL train companies, TfL contracted train operators such as Arriva Rail London Ltd. etc.).
This is in respect of the continuation of the face covering mandate on TfL services beyond 19 July 2021 (or any continuation that had been proposed beyond the originally intended end date of the general mandate on 21 June 2021).
In particular I would be interested in any correspondence relating to the coordinating of policy/mandates, as well as messaging and enforcement.
I appreciate there may be correspondence which relates to the introduction of the general mandate on 15 June 2020. I am only interested in correspondence which relates to the changes which were due to happen/have happened in June/July 2021.
We answered
Our Ref: FOI-0815-2122
Thank you for your request received on 16 July 2021 asking for information about the use of face coverings on our network.
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.
Throughout the pandemic, TfL has taken its lead from prevailing UK Government policy, which has been very clear in its communications relating to the ‘Step 4’ changes (introduced in England on 19 July 2021) that, although the legal requirement to wear a face covering has been removed, it (the Government) “still recommends and expects that people wear face coverings in enclosed and crowded spaces where they come into contact with people they don’t normally meet – such as at airports and on public or international transport.” On 14 July, the Secretary of State for Transport stated in a television interview that he “expected, and indeed, wanted” some train, bus and rail companies to insist on mask-wearing on their services and he publicly backed the decision to keep the wearing of them compulsory on London’s public transport services (except for those who are exempt).
On 15 July 2021, TfL decided to retain the requirement, under paragraph 2.4 of its Conditions of Carriage, for customers and passengers to wear a face covering on the TfL network. TfL’s decision on 15 July 2021 was taken under its statutory powers contained in section 173(1), and Schedule 11, paragraphs 1(1) and 32 of the Greater London Authority Act 1999 (as amended). The Mayor did not direct TfL to take this decision but requested it to do so.
A copy of the papers comprising TfL’s decision is enclosed. These papers contain the information and scientific evidence considered by TfL in taking this decision:
1. TfL Conditions of Carriage and Byelaws - Face Coverings post 19 July 2021- Memo to the Commissioner a) Appendix 1 Appendix Commissioner's Memo - Face Coverings on TfL public transport b) Appendix 2 STAC Advice c) Appendix 3 Face coverings - HS risk assessment (July 2021) d) Appendix 4 REqIA Introduction of face coverings 15.7.21 2. Follow up email Howard Carter to TfL Commissioner [Notice to cease and desist] 3. Response from Commissioner
In accordance with the FOI Act, some of the information contained in the attached documents has been removed as it is subject to a statutory exemption to the right of access to information under section 42. In this instance the exemption has been applied as some of the information you have requested relates directly to the seeking, provision, and result of legal advice.
Section 42 of the Freedom of Information Act exempts legally privileged information, including legal advice, from disclosure under the Freedom of Information Act. There is a very strong element of public interest inbuilt into the concept of Legal Professional Privilege 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.
Additionally, in accordance with our obligations under Data Protection legislation some personal data has been removed, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the UK 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’.
This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.
To provide you with the information you have requested would exceed the ‘appropriate limit’ of £450 set by the Freedom of Information (Appropriate Limit and Fees) Regulations 2004.
Under section 12 of the FOI Act, we are not obliged to comply with a request if we estimate that the cost of determining whether we hold the information, locating and retrieving it and extracting it from other information would exceed the appropriate limit. This is calculated at £25 per hour for every hour spent on the activities described.
We have estimated that it would cost over £450 to provide a response to your current request. This is because it is estimated that it would take in excess of 18 working hours to retrieve and compile the information you have requested.
Throughout the pandemic, we have been working closely with (and therefore in constant communication with) with various branches of the UK Government, most notably the Department for Transport (DfT), the Department of Health & Social Care (DHSC), and – within the auspices of the latter – Public Health England / the UK Health Security Agency. Concurrently, we have been working closely with a great number of other transport operators, regulatory authorities and trades bodies both in the UK and abroad to share best practice and learnings.
We have discussed and prepared for the easing of restrictions, including the possible need for the continued use of face coverings and any necessary enforcement. The information you have requested is not centrally held and will form part of many of the discussions we have had. It is not possible to extract the requested information from the documentation that we hold.
To help bring the cost of responding to your request within the £450 limit, you may wish to consider narrowing its scope so that we can more easily locate, retrieve and extract the information you are seeking. If you want to refine your request or make a Freedom of Information Act request in future, please bear in mind that the Freedom of Information Act allows you to request recorded information held by us. You should identify the information that you want as clearly and concisely as you can, specifying the types of document that you are looking for. You might also consider limiting your request to a particular period of time or specific departments of the organisation.
Although your request can take the form of a question, rather than a request for specific documents, we do not have to answer your question if it would require the creation of new information or the provision of a judgement, explanation, advice or opinion that was not already recorded at the time of your request.
Please note that we will not be taking further action until we receive your revised request.
If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
