Thank you for your email received by us on 19 July 2017 asking for copies of all diagrams and technical drawings relating to the air and brake systems used on London Overground Class 378 trains.

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. We do hold the information you require.

In accordance with the FOI Act we are not obliged to supply any of the information as it is subject to a statutory exemption to the right of access to information under section S43(2) (Prejudice to Commercial Interests). Releasing these detailed technical images would be likely to affect Bombardier’s competitive advantage as a rival company could then gain access once released in the public domain and decide to replicate their bespoke patented train systems. Whilst we recognise that there will be a level of interest from transport enthusiasts in such drawings and diagrams, we consider that these potential commercial ramifications in what is a specialist field, could 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 Bombardiers 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 Bombardier 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 Bombardiers ability to compete with other companies, it is considered that the public interest favours the use of the exemption.

In taking this decision we have been guided by the advice given in the Government publication FOI (Civil Procurement) Policy and Guidance:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/62062/ogc-foi-civil-procurement-guidance.pdf

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

Jasmine Howard
FOI Case Officer
Information Governance
Transport For London