Hi, I understand there are currently 23 contractors working within the CSIRT who have been deemed outside of IR35 on varying day rates. Please could you, 1. Provide me with the total expenditure TfL has incurred on contractors within the CSIRT between January - December 2020. 2. Provide me with the total expenditure TfL has incurred on contractors within the CSIRT within 2021.

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Our ref: FOI-2182-2021/GH & FOI-2183-2021/GH

Thank you for your requests received by Transport for London (TfL) on 28 January 2021 asking for information about CSIRT.

Your requests have been considered under the requirements of the Freedom of Information Act 2000 and our information access policy. I can confirm that we do hold the information you require.

Please could you,

1.1. Provide me with the total expenditure TfL has incurred on contractors within the CSIRT between January - December 2020.

£1,771,840

1.2. Provide me with the total expenditure TfL has incurred on contractors within the CSIRT within 2021.

£211,075

2.1. Provide me with job description for each of these contractor roles.

Job description attached.

2.2. Provide me with the IR35 assessment for each of these roles.

We are not obliged to provide you with copies of the IR35 assessments as this information is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests. The IR35 assessment and resulting Status Determination Statement examines the workings, personal arrangements and commercial approach of the Independent Contractor’s Personal Service Company in providing a service to the Client (TfL) and their approach to ensuring company tax affairs are in line with HMRC requirements. Releasing this information would hinder TfL’s ability to engage contractors 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. We recognise the need for openness and transparency by public authorities, particularly where the expenditure of public money is concerned, but in this instance the public interest in ensuring that we are able to engage contractors when required outweighs the general public interest in increasing transparency of our processes.

Information contained in the assessments is also exempt from disclosure under 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 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 do not hesitate to contact me.

If you are considering submitting a further FOI request please think carefully about whether the request is essential at this current time, as answering FOI requests will require the use of limited resources and the attention of staff who could be supporting other essential activity. Where requests are made, please note that our response time may be impacted by the current situation.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely

Graham Hurt

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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