FOI release

Information relating to arbitration service

Published 6 April 2022

Applies to England and Wales

The PCA has considered whether it is “necessary” to disclose the requested personal data in order to serve the legitimate interest concerning transparency in the procurement process undertaken by a public authority.  The information comprising the names and further details of the persons on the panel is however exempt from disclosure under s.40(2) of the FOI Act (personal data). 

In this case three members of the PCA staff comprised the decision-making panel, all of whom are below the Senior Civil Service.  Information relating to the contract (both its tender and outcome) are published on Contracts Finder (https://www.gov.uk/contracts-finder). It is not considered necessary to disclose the names of staff below the SCS in order to fulfil the aim of transparency in the process. 

Question 2

Four organisations submitted bids as part of the tender process. 

Question 3

The contract between the PCA and CIArb is published on the Contracts Finder website, subject to redaction of some information in the document. Contracts Finder lets you search for information about contracts worth over a certain threshold with the government and its agencies, including details of awarded tenders and contracts

Information accessible by other means

Information relating to the contract, which is subject to the redactions noted below, has been published on Contracts Finder (https://www.gov.uk/contracts-finder) and can be accessed online. The information is therefore exempt from disclosure by the PCA as it is reasonably accessible by other means (s.21 of the FOI Act). 

Commercially sensitive information 

Some information in relation to the contract is exempt from disclosure under s.43(2) of the FOI Act. This is because disclosure would be likely to prejudice the commercial interests of CIArb on the basis that such information could provide a commercial advantage to other suppliers. 

I have considered whether the public interest lies in releasing the information or whether it lies in maintaining the exemptions and withholding the information.  I am of the opinion that the public interest favours withholding information that falls within your request that has not already been disclosed. There is a public interest in the transparency of contracts awarded and operated by public authorities, especially where these involve the authority carrying out its functions and/or providing services to the public. Financial information contained in the contract in respect of the total contract value and how this is attributed to different elements of the contracted services is included in the contract as published on Contracts Finder. More

specific information relating to the commercial information more closely aligned with the individual bidder is redacted.  I am satisfied that this allows the public to sufficiently understand the value of the contract and how the sums involved are being spent while protecting the commercial interests of the supplier, and upholding the public interest in ensuring that potential suppliers are not deterred from bidding for contracts because of the risk of commercially sensitive details being disclosed in future. 

Questions 4 and 5

Prior to this contract, the PCA has not had a contract with either CIArb or RICS in respect of the appointment of alternative arbitrators. The office of the PCA therefore does not hold the information requested. Previously where the PCA has considered that it is appropriate to appoint an alternative arbitrator in respect of a dispute, the office of the PCA has approached either RICS or CIArb to request an appropriate recommendation for a person to act as arbitrator on a case-by-case basis. 

If you do not believe that the office of the PCA has provided an appropriate response to your request, you are entitled to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original request and should be made in writing, quoting the above reference, to office@pubscodeadjudicator.gov.uk or:  

PCA  

4th Floor

23 Stephenson Street

Birmingham B2 4BJ

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,

Cheshire, SK9 5AF.   

Yours sincerely,