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Freedom of information request reference no: 01.FOI.23.030190
I note you seek access to the following information:
1. I would like you to confirm how the Service indemnifies vehicles against third party risks, either by placing a bond or purchasing an insurance policy.
2. Please also confirm if these vehicles are registered on the MID and how these are maintained (be it by insurance company, list submitted to court)
3. If this is by bond, who holds the financial asset, what is the value of this bond, and how many vehicles does this cover (with a breakdown of car, van, truck etc.).
4. If this is by insurance, please provide a copy of the certificate of insurance and appropriate policy information
5. confirm how much this insurance costs
6. who the underwriter is
7. how many vehicles this covers and when the policy is up for renewal.
8. Finally, please confirm how the Service tenders out its vehicle insurance requirements.
I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:
Section 43(2) – Commercial Interests
Reason for decision
The Freedom of Information Act 2000 (the Act) provides public access to information held by public authorities. The Act details certain requirements, one of which, is that public authorities have an obligation to confirm or deny, when permitted, whether the information requested is held. Further to this, public authorities have a duty to communicate this to the requester. The Act also lists a number of exemptions, meaning that requests can be refused if a public authority has a good reason why they cannot comply with the request. If any or all parts of a request are refused then a written refusal notice must be sent to the requester.
I would like to inform you that I will disclose some of the requested information. Questions 1 - 4 and 6 – 8 will be disclosed under the section titled Information Disclosed. However, I will not disclose how much this insurance costs which was requested in question Q5.
Section 43(2) allows public authorities to withhold information if it is likely to or would prejudice the commercial interests of the public authority. A commercial interest relates to a public authorities ability to participate competitively in a commercial activity.
Negotiating position - The cost of our insurance has been used as part of commercial competition and discussions. To release this into the public domain would damage the MPS’ negotiating power with suppliers in future as well as harming relationships with existing suppliers. The ICO states that ‘revealing information such as a pricing mechanism can be detrimental to your negotiations on other contracts and procurements’. It is therefore relevant to consider that if an individual or organisation knows how much the MPS pay for an item or service then it can exploit this for profit or other gain in future.
Evaluation - It is worth noting that information that is made available under the Freedom of Information Act 2000 is published by the MPS via the publication scheme, making it readily available to the public, and not just the individual making the request. This is significant, as even if there is a public interest that would be satisfied by the release of the requested data this must be balanced against any identified risk. I have identified that the release of the requested data would provide a better understanding of how public funds are spent. Conversely, I have found that the release of the requested data would damage the MPS’ negotiating power with suppliers in future due to the overall cost being provided. The MPS would not want to provide data that would have a negative impact upon the MPS’s ability to achieve best value in future procurement processes in this area. I find this to be the significant factor in refusing to disclose this part of your request.
Disclosure
Q1 - I would like you to confirm how the Service indemnifies vehicles against third party risks, either by placing a bond or purchasing an insurance policy?
Insurance policy
Q2 - Please also confirm if these vehicles are registered on the MID and how these are maintained (be it by insurance company, list submitted to court)
All Fleet vehicles are on the MID. Updates to the MID are made by our insurance broker.
Q3 - If this is by bond, who holds the financial asset, what is the value of this bond, and how many vehicles does this cover (with a breakdown of car, van, truck etc.).
N/A due to answer given in question 1
Q4 - If this is by insurance, please provide a copy of the certificate of insurance and appropriate policy information?
Please find attached the document titled MOTOR FLEET CERTIFICATE to answer this question.
Q5 - Confirm how much this insurance costs?
The cost has been withheld, please see the legal annex for a full explanation as to why.
Q6 - Who the underwriter is?
QBE Insurance
Q7 - How many vehicles this covers and when the policy is up for renewal.
All Met Fleet. Renewal date is 1 October 2023
Q8 - Finally, please confirm how the Service tenders out its vehicle insurance requirements?
Via open tender in line with public sector procurement regulations.