Driving Instructors Branch of Unite the Union August 2013 | Page 18

Dear *****

Information requested under the Freedom of Information Act (FoIA)

Further to my email of 5 December, we have now concluded our public interest test to establish whether it is in the public interest to disclose information about the costs of training being supplied to the Highways Agency. I can confirm that we have handled your request within the terms of the FoIA.

Details of the rate charged to the Highways Agency by DSA is being withheld under section 43(2) on the grounds that its disclosure would prejudice to the commercial interests of DSA. As this exemption is a qualified exemption we are required to conduct a public interest test to establish whether it would be in the public interest to disclose or withhold the requested information. We have concluded, applying a presumption in favour of disclosure, and in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

Yours sincerely

Sara Mitchell

Information Officer

The problem is there is no ombudsman or other department that oversees the DSA. It appears they are autonomous, they answer to no one, even though they are an executive agency of the Department of Transport.

We consider the DSA undertaking this type of training at Cardington is a conflict of interest, the EU Directive is quite clear. Warrant card carrying examiners are not allowed to be instructors and therefore can't be driver trainers. We would class them as instructors if the receive payment for their time and services, this does not mean they receive the money direct. The regulation were written to allow certain exemptions such as the police and armed forces, however the DSA are not exempt.

Whether or not they are currently breaking any UK regulation namely Section 123 of the Road Traffic Act that would be for the courts to decide. However no one will ever investigate as the DSA Fraud and Integrity department will never investigate its own employers.