RSPA Volume 11 for the Crossrail new Rolling Stock and Depot project
Request ID: FOI-1761-2223 Date published: 14 November 2022
You asked
Please provide an unredacted copy of B2PartE1.16 of the RSPA Volume 11 for the Crossrail new Rolling Stock and Depot project that was awarded to Bombardier in 2014.
We answered
TfL Ref: FOI-1761-2223
Thank you for your request received by Transport for London (TfL) on 20th October 2022 asking for an unredacted copy of B2PartE1.16 of the RSPA Volume 11 for the Crossrail new Rolling Stock and Depot project.
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 the information you require.
A redacted copy of the document can be found on our website here as part of the response to a previous FOI request:
I note that your request is for an unredacted copy of the document. However, the redacted information remains exempt from release under sections 41 and 43(2) of the Freedom of Information Act. This is because the information was provided to TfL in confidence and is considered to comprise proprietary information of the contractor, the disclosure of which would prejudice both their and our commercial interests. Further, disclosure would constitute an actionable breach of confidence. This has been confirmed again by the contractor in consideration of this case.
Section 41 (“Information provided in confidence”) is an absolute exemption. Section 43(2) (“Commercial interests”) is a qualified exemption, meaning we have to consider whether the greater public interest lies in the exemption applying or not. In this case we believe the greater public interest lies in the exemption applying, for the same reasons as set out in the response linked to above. Additionally, if TfL were to disclose this information it would constitute an actionable breach of contract and would be likely to result in a valid legal claim against us. This would impose additional, unnecessary, costs on TfL, and therefore adds to the commercial prejudice arguments.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
