FOI request detail

New Tube for London

Request ID: FOI-2538-1819
Date published: 25 January 2019

You asked

Is the New Tube for London capable of automation/driverless? Can any brochures, design specifications/requirements and any other information related to the design, capability or performance of the New Tube for London be provided?

We answered

TfL Ref: 2538-1819

Thank you for your request received by Transport for London (TfL) on 22 December 2018 asking for information about the New Tube for London.

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 some of the information you require. You asked for: any specific brochures, design specifications/requirements or other information related to the design, capability or performance of the New Tube for London that was issued as part of the original tender process or the subsequent awarding of the contract to Siemens.

There are no “brochures” as such.  However there is unique documentation created by each Bidder specifically to meet the requirements of the ITN (specifically the ITB).

In accordance with the FOI Act, we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under sections 41 and 43(2).

In this instance the section 41 exemption has been applied as disclosure of the information you have requested was provided to us by the bidders for the contract with the expectation that these would not be made public,  TfL has confidentiality clauses as set out in the DTUP Rolling Stock procurement process and it is expected that bidder’s documentation in this respect will not be disclosed publicly. Therefore we consider that disclosure would constitute an actionable breach of confidence.

Since section 41 confers an absolute exemption, it is not necessary to consider whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Even if section 41 did not confer absolute exemption, there would be no special public interest in disclosure of this information that would justify a breach of confidence in this case

In addition, a section 43(2) exemption has been applied as disclosure would, or would be likely to prejudice our commercial interests, as well as those of the bidders for this contract. Disclosure of their submissions which includes sensitive commercial information including pricing could hinder the ability of these companies being able to competitively tender for similar contracts in the future as well as hinder TfL’s ability to negotiate the best value for money for similar services 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 obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Sara Thomas

FOI Case Management Team

General Counsel

Transport for London

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