FOI 16-24: Roof leaks at Parliament Buildings

Information Standards Freedom of Information Response

Our Ref: FOI 16-24

4 April 2024

Freedom of Information Act 2000

I am writing to confirm that the Northern Ireland Assembly Commission (Assembly Commission) has processed your request dated 2 March 2024 in line with the Freedom of Information Act 2000 (FOIA).

On 15 March 2024 you confirmed all references to the roof are intended to mean the entirety of the roof rather than that above room 401.

Your request

What was the date that the leaking and general state of disrepair on Parliament Buildings 4th floor roof first reported?

Most, but not all, leaks from the roof of Parliament Buildings relate to issues arising from a roofing project that was completed in September 2015. Shortly after that time the Assembly Commission became aware of a leak affecting a small part of the 3rd floor corridor. This was followed by an issue of water ingress affecting the external wall of a suite of offices on the 4th floor. Further issues have come to light since then and the Assembly Commission has taken legal action, which is currently ongoing, against those responsible for the works. We do not hold a record of individual occasions when the leaking on the 4th floor has been reported. All of the affected areas are kept under constant review.

1. Since the date of the disrepair and leaking was first reported, how many instances of:

a) Wet floors due to leaking.

The Assembly Commission does not hold records of individual occasions of wet floors due to leaking.

b) Wet walls due to leaking.

The Assembly Commission does not hold records of individual occasions of wet walls due to leaking.

c) Falling plaster from the ceiling.

The Assembly Commission recorded one instance of fallen ceiling plaster in November 2023. This incident relates to an enclosed stairwell accessible for maintenance purposes only.  

d) Leaks from the roof

The Assembly Commission does not hold records of individual occasions of leaks from the roof affecting the fourth floor.

e) Instances of electrical equipment being damaged by flooding on the 4th floor and proof of their subsequent testing for safety before reuse.

The Assembly Commission is unaware of any instances of electrical equipment being damaged by flooding on the fourth floor.

On one occasion IT equipment held in an electrical riser was affected by water ingress from a ventilation grille. This was reported in December 2023.

f) Mould developing in areas of the building due to the disrepair in the roof, have been reported.

The Assembly Commission is unaware of mould developing in any areas of the building due to the disrepair in the roof.

2. Please provide the area of the 4th floor and the number of thermometers that there are within the space.  

The fourth-floor internal space (i.e. minus walls) is estimated to be 1945.41m² whilst the external space is estimated to be 2142.51m².

There are no thermometers fitted within the fourth-floor offices.  There are two sensors at fourth-floor level linked to the Building Energy Management system (BEMS) which do not store temperature data. Records of the days in question are therefore not held.

3. Please disclose the budget and forecasted expenditure to be used in repairing the Parliament Buildings 4th floor roof.

As noted previously, the Assembly Commission has issued legal proceedings in relation to defects in the roof of Parliament Buildings. The full cost of repair has been estimated at £1.8m, however the costs are currently being reviewed and are therefore subject to change.

4. Please also disclose the amount that has been spent on repairs to Parliament Buildings roof since the general state of disrepair was first reported.

Some minor cleaning and redecoration works have been carried out in two locations that were affected. These works have been carried out as part of a larger renovation project and therefore the cost is estimated to be £2600.

Since the first date that the general state of disrepair and leaking in the roof has been reported please disclose:

5. The number of agency staff previous and current that have used the 4th floor as their office at work.

The Assembly Commission has completed a review of its records and found that the dataset requested is held only in its raw form. For the purpose of section 11(5) of the FOIA, a “dataset” means information comprising a collection of information held in electronic form where all or most of the information in the collection—

(a) has been obtained or recorded for the purpose of providing a public authority with information in connection with the provision of a service by the authority or the carrying out of any other function of the authority,

(b) is factual information which—

(i) is not the product of analysis or interpretation other than calculation, and

(ii) is not an official statistic and

(c) remains presented in a way that has not been organised, adapted or

otherwise materially altered since it was obtained or recorded.

The Assembly Commission anticipates that the dataset would require material alteration, reorganisation and adaptation in order to comply with this request.

Furthermore, the FOIA does not require the creation of datasets for publication, nor does it require datasets to be updated if they would not otherwise have been updated as part of our statutory function.

However, in order to provide advice and assistance under section 16 of the FOIA 2000, the Assembly Commission have noted that as at 1 March 2024, 16 Agency Workers use the fourth floor as their office at work.

6. The number of permanent staff previous and current that have used the 4th floor as their office at work

As noted above, the Assembly Commission does not hold a dataset detailing the breakdown of permanent staff by floor.

As at 1 March 2024, 95 Assembly Commission permanent Staff use the fourth floor as their office at work.

7. The total number of staff that currently use the 4th floor as their office at work

As at 1 March 2024, 111 Total (Assembly Commission permanent Staff and Agency Workers) use the fourth floor as their office at work.

8) Please provide the risk assessment that has been undertaken with regards to the 4th floor roof of Parliament Buildings and the timescales for its repair. 

Reports and assessments relating to the roof of Parliament Buildings have been generated for the purpose of obtaining legal advice in relation to proposed litigation. As such they are subject to litigation privilege, a category of legal professional privilege, and exempt from disclosure under section 42(1) of the FOIA.

Section 42(1) is a qualified exemption and the Assembly Commission has considered whether, in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The public interest test

In considering the public interest test, the Assembly Commission has identified the following points in favour of maintaining the exemption:

  • A client’s ability to speak freely, frankly and openly about the merits of any litigation contemplated by that client, informed as necessary by expert evidence, is a fundamental element of the legal system and the administration of justice.
  • As such, there is a strong element of public interest inbuilt into maintaining and safeguarding legal professional privilege itself.
  • The reports were generated for proposed legal proceedings.  Those proposed proceedings are now active proceedings before the High Court.
    • The disclosure of the reports otherwise in accordance with directions of the High Court could prejudice the legal position of the Assembly Commission in those proceedings.

The Assembly Commission has identified the following points in favour of disclosing the information:

  • Disclosure of information held by public authorities is generally in the public interest in order to promote transparency and accountability.
  • Disclosure of information held by public authorities can aid in understanding the reason why certain decisions were made, as can disclosure of the advice which informed those decisions.

The Assembly Commission has concluded in this case that the public interest in maintaining the section 42 exemption in respect of reports generated for legal proceedings outweighs the general public interest in transparency about the work of public bodies.

9) Please include all and any communications informing staff of the conditions and safe practices and informing them of what they can do so that there is minimal impact to their working day. 

In line with applicable policies and guidance, workers are made aware of any risk to their immediate health and safety through the erection of appropriate signage around any affected areas. These are not recorded as ‘communications’.

Further information

You have the right to request an internal review of this decision by the Assembly Commission.  If you wish to request such a review, please write to me at the above address.  If, after that review, you are dissatisfied with the way in which the Assembly Commission has handled your request for information, you may complain to the Information Commissioner’s Office (ICO) at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Your request for information and our response may be published in the disclosure log maintained by the Assembly Commission under a publication scheme agreed with the ICO. The request and our response will be anonymised. 

Yours sincerely

Data Protection and Governance Officer