FOI 7890 Wrexham BC internal review on new Trawscymru services in North/Mid Wales

 

 

Dear Sir,

 

On 07/02/2018 I asked 12 questions of Wrexham Borough Council on a T3 Wrexham to Aberystwyth route and new Trawscymru services in North/Mid Wales.  Wrexham Borough Council replied on 07/03/2018 after 20 working days.

 

On 07/03/2018  Wrexham Borough Council refused to answer Question (12) which was “”IF WREXHAM BOROUGH COUNCIL  HAVE BEEN INVOLVED IN DISCUSSIONS IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES COULD YOU PLEASE TELL ME THE PROPOSED NEW  BUS ROUTES INVOLVED ?””. Wrexham Borough Council refused  because answering would _“”__disclose sensitive or potentially damaging information that falls under an exemption””_. I said I was not happy with Wrexham Borough Council refusing to answer

Question (12) and quoted the following reasons   _“”__WITH RESPECT

TO THE ANSWER TO QUESTION 12 I BELIEVE __WREXHAM BOROUGH COUNCIL ARE INCORRECT AND I WOULD ASK THAT YOU LOOK AGAIN AT THIS QUESTION AND TELL ME WHY IT IS NOT IN THE PUBLIC INTEREST THAT YOU REVEAL THE__ TRAWSCYMRU ROUTES IN NORTH WALES THAT ARE UNDER DISCUSSION__ . THE FOIA QUOTES “”__A PUBLIC AUTHORITY MUST BE CERTAIN THAT AN EXEMPTION IN THE ACT APPLIES IN RESPECT OF THE CONFIRMATION/DENIAL AND THAT THE PUBLIC INTEREST FAVOURS NEITHER CONFIRMING NOR DENYING THAT THE INFORMATION IS

HELD.   PUBLIC AUTHORITIES SHOULD BE ABLE TO EXPLAIN WHICH COMPARATIVE

1(1)(B) PROVISION IS RELEVANT AND WHY THE EXCLUSION FROM THE DUTY TO

CONFIRM OR DENY IS NEEDED.””     IT IS IN THE PUBLIC INTEREST THAT

THE TRAWSCYMRU ROUTES IN NORTH WALES THAT ARE UNDER DISCUSSION BY

WREXHAM __BOROUGH COUNCIL ARE MADE AVAILABLE TO THE PUBLIC.   THE PUBLIC

MAY HAVE VIEWS ON THOSE ROUTES WHICH THEY MAY WISH TO PRESENT TO WREXHAM BOROUGH COUNCIL OR TO ANY OF THE OTHER PARTIES INVOLVED IN THE DISCUSSIONS._

 

The answer to Question 12 has been re-examined by Wrexham Borough Council under an internal review, which was received yesterday on 06/04/2018.and the  internal review is attached (in file

Wrexham06042018) .   The Wrexham Borough Council internal review is

brief , does not explain the exemption that is being applied and still refuses to supply the information.

 

I would therefore ask that Wrexham Borough Council provide me with details of the exemption that is being applied in relation to refusing to answer Question 12.

 

I shall also be asking the Information Commissioner to examine whether Wrexham Borough Council are correct in refusing in their internal review to answer Question 12.

 

On 08/03/2018 I also asked for clarification regarding question 11 where Wrexham Borough Council had said that they “”DID HOLD DOCUMENTATION RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES””.

 

On 08/03/2018 clarification was requested in the form of 7 further questions which were

 

_WITH RESPECT TO THE ANSWER TO QUESTION 11 COULD __WREXHAM BOROUGH COUNCIL CLARIFY THE FOLLOWING:-_

 

_(1) COULD YOU PLEASE TELL ME WHETHER __WREXHAM BOROUGH COUNCIL  AND ITS OFFICIALS HOLD ANY MEETING MINUTES RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES. _

 

_(2) IF MEETINGS WERE HELD REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES COULD YOU PLEASE TELL ME THE OTHER COUNCILS WHO WERE INVOLVED IN THOSE MEETINGS._

 

_(3) IF MEETINGS WERE HELD REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES COULD YOU PLEASE TELL ME THE DATES ON WHICH THEY WERE HELD._

 

_(4) COULD YOU PLEASE TELL ME WHETHER __WREXHAM BOROUGH COUNCIL  AND ITS OFFICIALS HOLD ANY REPORTS RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES. _

 

_(5) IF WREXHAM BOROUGH COUNCIL  AND ITS OFFICIALS HOLD REPORTS RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES COULD YOU PLEASE TELL ME THE TITLE OF THE REPORTS AND THE DATE PRODUCED_

 

 

_(6) COULD YOU PLEASE TELL ME WHETHER __WREXHAM BOROUGH COUNCIL  AND ITS OFFICIALS HOLD ANY DATA GATHERING EXERCISES RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES_

 

_(7) IF WREXHAM BOROUGH COUNCIL  AND ITS OFFICIALS HOLD DATA GATHERING EXERCISES RELATING TO DISCUSSIONS/FEASIBILTY STUDIES IN THE YEARS 2016 TO 2018 REGARDING THE FUTURE INTRODUCTION OF NEW TRAWSCYMRU SERVICES IN NORTH/MID WALES COULD YOU PLEASE TELL ME THE SUBJECT OF THE DATA GATHERING EXERCISES AND THE DATE PRODUCED._

 

Two days ago on 05/04/2018 Wrexham Borough Council  replied (see below) with respect to the 7 clarification questions saying:-

 

“”QUESTION 11:

 

SECTION 1(1)(A) OF FREEDOM OF INFORMATION ACT REQUIRES THE LOCAL AUTHORITY TO INFORM A REQUESTER WHETHER IT HOLDS THE INFORMATION SPECIFIED IN THE REQUEST. THIS IS KNOWN AS ‘THE DUTY TO CONFIRM OR DENY’. HOWEVER, THERE ARE OCCASIONS WHEN COMPLYING WITH THE DUTY TO CONFIRM OR DENY UNDER SECTION 1(1)(A) WOULD IN ITSELF DISCLOSE SENSITIVE OR POTENTIALLY DAMAGING INFORMATION THAT FALLS UNDER AN EXEMPTION.

THEREFORE THE LOCAL AUTHORITY ARE NOT IN A POSITION TO CONFIRM NOR DENY THAT THE INFORMATION REQUESTED IS HELD OR NOT. “”

 

The 05/04/2018 Wrexham Borough Council  reply, which is from the

anonymous “Corporate Information Team”, is designed to confuse.   On

07/03/2018 Wrexham Borough Council  had already answered “yes” to Question 11 that they held documentation on new Trawscymru services in North/Mid Wales.  In the reply of 05/04/2018 the reply “YES” of

07/03/2018 has been replaced with “”THE LOCAL AUTHORITY ARE NOT IN A POSITION TO CONFIRM NOR DENY THAT THE INFORMATION REQUESTED IS HELD OR

NOT. “”   In the Wrexham Borough Council  reply of 05/04/2018,  the

7 clarification questions arising from Question 11 were totally ignored.

I would therefore request that Wrexham Borough Council  answer the 7 clarification questions in an URGENT internal review.

 

The whole thrust of Wrexham Borough Council’s responses is to delay

answering for as long as possible .    I would like to point out to the

Information Commissioner the following aspects of Wrexham Borough Council’s responses (1) The use of the full 20 Working days to reply and then refusing to answer questions. (2) The use of “Exemptions”

without an explanation of which exemptions are being applied. (3) Completely ignoring the 7 clarification questions. (4) An anonymous reply from the “Corporate Information Team”

 

Yours Sincerely

 

Dr John Mctighe

 

—-Original message—-

From : foi@wrexham.gov.uk

Date : 05/04/2018 – 16:23 (GMTST)

To : john.mct@btinternet.com

Subject : FOI 7890 – final response

 

Dear Dr McTighe

 

FREEDOM OF INFORMATION ACT 2000

 

Further to your request for information under the Freedom of Information Act, please see below the response from Wrexham County Borough Council.

An exemption has been agreed as per the following information:

 

QUESTION 11:

 

Section 1(1)(a) of Freedom of Information Act requires the local authority to inform a requester whether it holds the information specified in the request. This is known as ‘the duty to confirm or deny’. However, there are occasions when complying with the duty to confirm or deny under section 1(1)(a) would in itself disclose sensitive or potentially damaging information that falls under an exemption.

Therefore the local authority are not in a position to confirm nor deny that the information requested is held or not.

 

If you are unhappy with the way the Council has handled your request, you may ask for an internal review.  Please

contactfoi@wrexham.gov.uk01978 292000 if you require an internal review of your case.

 

Yours sincerely

 

Corporate Information Team