19 January I am writing regarding your request for information, which was received on 5 January 2011.

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1 XXXX XXXXXX XXXXX XXXXXX 3 rd Floor 55 Victoria Street London SW1H 0EU Tel: January 2011 REQUEST FOR INFORMATION FOI REQUEST FOI Dear XX XXXXXX, I am writing regarding your request for information, which was received on 5 January In your request you asked for the following information: 1. For all correspondence with the Prince of Wales on the subject of HS2. 2. For all correspondence with any member of, or spokesman for, the Rothschild family on the subject of HS2. 3. For all correspondence with Chris Kelly, chairman of Keltruck, on the subject of HS2. 4. For all correspondence with Robert Edmiston on the subject of HS2. 5. For all correspondence with the Midlands Industrial Council (MIC) on the subject of HS2. I advise that your request has been considered under the terms of the Freedom of Information Act 2000 (FOIA) and the response is as follows: Regarding question 1 above, I advise that pursuant to section 37(1)a and 37(2), of the FOIA, which relates to communications with Her Majesty, the Royal Family or concerning honours where, the requirement to confirm or deny holding the information does not arise in relation to information requested. Regulation section 37 is set out, in full, in Annex 1 to this letter.

2 The above exemption is subject to the public interest test. This means that HS2, having identified each exemption has to consider in relation to the exemption relied upon that the public interest in maintaining the exemption (where confirming or denying holding information) outweighs the public interest. Please refer to Annex 2 - HS2 Public Interest Test. Regarding questions 2, 3, 4 and 5 above, I advise that we do not hold this information. If you are unhappy with the way we have handled your request or with the decisions made in relation to your request, you may complain in writing to HS2 Ltd at the above address. Please also see attached details of HS2 Ltd s complaints procedure and your right to complain to the Information Commissioner. Please remember to quote the following reference number, FOI10-126, in any future communication relating to this request for information only. Yours sincerely XXXXX XXXXX Manager, Freedom of Information XXXXX XXXXX@hs2.gsi.gov.uk

3 Your right to complain to HS2 Ltd and the Information Commissioner You have the right to complain to HS2 within two calendar months of the date of this letter about the way in which your request for information was handled and/or about the decision not to disclose all or part of the information requested. Your complaint will be acknowledged and you will be advised of a target date by which to expect a response. Initially your complaint will be re-considered by the official who dealt with your request for information. If, after careful consideration, that official decides that his/her decision was correct, your complaint will automatically be referred to a senior independent official who will conduct a further review. You will be advised of the outcome of your complaint and if a decision is taken to disclose information originally withheld this will be done as soon as possible. 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

4 ANNEX1: Freedom of Information Qualified Exemptions: S37 - Communications with Her Majesty, the Royal Family or concerning honours. (1) Information is exempt information if it relates to (a) communications with Her Majesty, with other members of the Royal Family or with the Royal Household, or (b) the conferring by the Crown of any honour or dignity. (2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1).

5 Annex 2: HS2 Ltd - PUBLIC INTEREST TEST Freedom of Information Qualified Exemption: S37 Communications with Her Majesty, the Royal Family or concerning honours. Reliance on: (1) Information is exempt information if it relates to (a) communications with Her Majesty, with other members of the Royal Family or with the Royal Household AND (2) The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1). Factors supporting disclosure 1) Statutory responsibility to release information to the public in a timely manner as outlined in HS2 Ltd's publication scheme; Factors supporting non-disclosure 1) Confirming or denying, the existence of information, with regards to communication with members of the Royal Family, could act against the public interest with regards to public figures commenting on the project - but not necessarily through communications with HS2 Ltd in terms of unwittingly influencing opinions. 2) General public interest in the disclosure of information to ensure transparency and visibility of public bodies being held to account; 2) Disclosure could be setting a precedent for future requests, which could have a negative impact by the act of doing so, i.e. if in this instance we confirm or deny holding information, to do so or rely on S37(2) at a later date will automatically indicate the existence or not of information held.

6 Conclusion: There is a general understanding of being helpful to the public and responding to requests for information to ensure transparency and visibility of public bodies. However, in this instance, the arguments arising for reliance on S37(1)(a) and (2) are strong in that confirming or denying the existence of information on this occasion is highly likely to impact on HS2 Ltd and it s work at a future date, by relying on the exemption at that point. The exemption is upheld.