Information Commissioner's Office

Department for Transport

28 July 2008, Central government

The complainant requested the Net Present Value (“NPV”) figures offered by the unsuccessful bidders for the South Western rail franchise. This request was made to the Department for Transport (the “DfT”). The DfT confirmed that it held this information, but refused to disclose it, stating that it believed that this information was exempt from disclosure under section 43(2) of the Act. After investigating the case the Commissioner decided that section 43(2) was not engaged. Therefore he found that the DfT had acted in breach of section 1(1)(b) of the Act. He also found that it had acted in breach of section 17(1)(b) and (c) of the Act by seeking to rely upon an exemption not previously cited in its refusal notice. He also found that the DfT had breached section 10 of the Act. The Commissioner requires that the withheld information should be disclosed. Information Tribunal appeal (EA/2008/0070) has been withdrawn.

FOI 1: Upheld