Transport Insights

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Chris Ames

WYCA prejudices effective conduct of public affairs

Alongside West Yorkshire Combined Authority’s (WYCA) refusal to disclose the secret “peer review” into its mass transit plans, it has totally embarrassed itself in its response to a similar request.

In December someone asked for:

details of expenditure on consultants and external professional services connected with mass transit activity from January 2024 to present.

Specifically, please provide: A list of consultancy or professional services suppliers engaged.

The value and duration of each engagement.

The procurement route used for each engagement (for example open tender, framework call-off, or direct award).

The total consultancy expenditure incurred during this period.

All pretty routine transparency information, you might think. But WYCA responded:

the information you are seeking may be exempt under Section 36(2) of the FOIA. Information to which this section applies is exempt information if, in the reasonable opinion of a qualified person, disclosure of the information under this Act would or would be likely to prejudice the effective conduct of public affairs.

Section 36(2) is the same exemption cited in relation to the request for the peer review report. I have been dealing with claims that information falls under it for more than 20 years. Not only should it be a high bar, it presumes that public affairs are otherwise carried out effectively, despite massive evidence to the contrary.

Anyway, the eventual response to the request for routine transparency information on consultants was:

The requested information is accessible on the Combined Authority’s website, Transparency and Freedom of Information, thus exempt from disclosure under Section 21 (1) of the Freedom of Information Act.

Yes, the information whose disclosure could prejudice the effective conduct of public affairs was indeed such routine transparency information that it was already published.

The WYCA’s response wasn’t particularly helpful but I think the information is in its various contracts registers, including £4m for Jacobs for “Mass Transit Business Case Development Partner Lot 1 – Business Case Development; Funding Bid Development; Transport Modelling; Economic / Carbon Appraisal; Expert Witness”.

Given what a shitshow the whole process has been, I think maybe they should ask for their money back.


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