FI16091
Request
- All communications sent by Cllr Gordon Cowan to Kent County Council (KCC) relating to the Fast Track scheme or the acquisition of electric buses.
- All communications received by Cllr Gordon Cowan from KCC on the same topics.
- All communications sent by Cllr Gordon Cowan to Stagecoach Group (or any associated local bus service representatives) on these subjects.
- All communications received by Cllr Gordon Cowan from Stagecoach relating to the Fast Track scheme or the acquisition of electric buses.
Response
1. Communications with KCC Public Transport regarding usage of the Dover Fastrack service were undertaken by the Council’s Project Manager on behalf of Councillor Cowan and a copy is attached. Please note that all personal data has been redacted as this is considered exempt from disclosure under Section 40(2) of the Freedom of Information Act as the Council. The the names and contact details of individuals is personal data as defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles.
There are two further emails sent to Councillor Cowan by the Council’s Project Manager. The contents of these two emails are subject to a Confidentiality Agreement between Kent County Council and Dover District Council and therefore exempt from disclosure under Section 41 (information provided in confidence), Section 42 (information respect of which a claim for legal professional privilege could be maintained legal proceedings) and Section 43 (disclosure to third parties would likely prejudice the commercial interests of the parties).
With the exception of Section 41 the exemptions cited are qualified and are therefore subject to a public interest test. Even where a qualified exemption is engaged it can only be applied where the public interest in withholding information outweighs that in favour of releasing it. The issues considered are explained below.
Section 42
Public interest considerations favouring disclosure
The Council recognises the very real public interest in understanding details of the delivery of the project.
Public interest considerations favouring withholding the information
On the other hand, there is also a strong public interest in a person or body seeking access to legal advice being able to communicate freely with their legal advisors in confidence and in being able to receive advice from them in confidence. The importance of this public interest has been reaffirmed by the House of Lords in Three Rivers DC v. Bank of England (No 6) [2004] UKHL 48. The underlying rationale for the arguments against disclosure is that it encourages full and frank exchanges between clients and their legal advisers, which is judicially recognised as being strongly in the public interest. The High Court has also recognised the strong public interest in not disclosing information subject to legal professional privilege in the case of Department for Business Enterprise and Regulatory Reform v O’Brien [2009] EWHC 164 (QB).
The emails contain confidential information about the project within the legal professional privilege exemption. Were these emails to be made public it would breach the Confidentiality Agreement, would severely inhibit the prospect of the two Councils being able to work together on future projects and also prejudge our ability to take advice and to assert and defend our legal rights in any proceedings.
Important and powerful as the factors in favour of disclosure are, it is nevertheless considered that they are outweighed by the public interest in withholding the information.
Section 43
Public interest considerations favouring disclosure
The Council recognises the very real public interest in understanding details of the delivery of the project.
Public interest considerations favouring withholding the information
Releasing the emails would adversely affect the legitimate economic interests of both Kent County Council and Dover District Council by revealing confidential information. There is a strong public interest in commercial confidences being maintained. The likelihood of commercial damage being caused through a disclosure of information it considers commercially sensitive would adversely affect the relationship between the two Councils.
Important and powerful as the factors in favour of disclosure are, it is nevertheless considered that they are outweighed by the public interest in withholding the information.
For the reasons set out above, the two additional emails identified are being withheld from our response. Please accept my apologies that this was not addressed in my earlier response to your request.
2. This is attached.
3. The Council does not hold this information.
4. The Council does not hold this information.
Attachments
Attachment