I've been looking for the minutes of the CR board. Nowhere on either TfL or CRL websites do they appear? Why? I would have though that as a direct subsidiary of TfL the part 1 minutes should be published. If I'm correct that they are not easily available I would make a formal request, under FOI, for them from 1st Jan 2013 to now. For the period 1.1.13 to 15.6.17 (when I was on the TfL Board) I would also request the part 2 minutes as I believe I would have been entitled to them.

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Our Ref:          FOI-1502-1819

Thank you for your request received on 1 September 2018 asking for a copy of the minutes from the Crossrail Ltd Board meetings. I apologise for the delay in my response.

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

The information you asked for is available on our website using the following link:

https://tfl.gov.uk/corporate/publications-and-reports/crossrail-board-minutes

Future Crossrail Ltd Board minutes will also be published.

In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.

Some of the information contained in the minutes has been withheld as it is subject to a statutory exemption to the right of access to information under sections 40, 42, and 43(2) of the FOI Act.

The section 43(2) exemption has been applied to some of the information contained within the minutes as disclosure would be likely to prejudice our commercial interests, or those of Network Rail. Prejudice would be likely to occur as disclosure would affect the prospect of obtaining the best possible value for public money from suppliers, in on-going commercial relationships.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. TfL recognises the need for openness and transparency by public authorities but in this instance the public interest in ensuring that TfL, and Network Rail, are able to obtain the best value for public money outweighs the general public interest in increasing transparency of this particular aspect of our supplier relationships.

In this instance section 42 has been applied as some of the information you have requested relates directly to the seeking, provision, and result of legal advice. Section 42 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.

In accordance with TfL’s obligations under Data Protection legislation some information has been withheld, 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 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’.

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

[email protected]

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