Freedom of Information Request: 0582 2019/20
University Hospitals Birmingham NHS Foundation Trust (UHB) completed a merger by acquisition of Heart of England NHS Foundation Trust (HEFT) on 1st April 2018. Due to historical differences in data collection/reporting across UHB and the former Heart of England NHS Foundation Trust this response has been provided by hospital site.
The Trust does hold the information that you have requested, but we are withholding some of it for the following reasons:
Commercial Sensitivity:
Section 43 of the Freedom of Information Act 2000 (FOIA) provides,
“(2) Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person (including the public authority holding it).”
A commercial interest relates to a person’s ability to participate competitively in a commercial activity, with the underlying aim being to make a profit. The information you have requested is the commercial information of the third parties named in the below response and in order to apply section 43(2), the Trust must satisfy itself that disclosure of the information would, or would be likely to, prejudice or harm the commercial interests of any person (including the Trust).
Disclosure of the information requested would be likely to prejudice the commercial activities of the third parties, in this case the suppliers of our Sodium Chloride Units.
The information you have requested is around the price paid for the products supplied to us and disclosure to the world at large would involve placing elements of the provider’s commercial strategy into the hands of their competitors, which would prejudice their commercial interests.
The prices were awarded via a tendering exercise, therefore S43 (2) of the FOIA is engaged as disclosure of the information requested would be likely to prejudice the commercial interests of the contractor.
The public interest test
Commercially sensitive information is protected from disclosure by Section 43(2) of the FOIA which is a qualified exemption subject to the public interest test. The Trust considered, in all the circumstance of the case, where the balance of the public interest lies.
Public interest in maintaining the exemption
There is a public interest in protecting the commercial interests of individual companies such as the suppliers named below, and ensuring they are able to compete fairly in a commercial environment.
Disclosure of information may cause unwarranted reputational damage to the Trust or the suppliers whose information it holds, which may in turn damage its commercial interests through loss of trade.
Revealing information such as a pricing can be detrimental to the Trust’s negotiations on future tenders with other providers. If a competitor knows how much the Trust paid for a product then it can exploit this for profit or other gain.
Public interest in disclosing the information
To promote openness and transparency of public expenditure, which would enable the public to better scrutinise how public money is spent.
The balancing exercise
The Trust decided the public interest in maintaining the exemption substantially outweighs the public interest in disclosing the information.
Queen Elizabeth Hospital Birmingham:
- What is your usage of sodium chloride 5% (10ml) units in the last 12 months?
12 units
- How many units of ODM5 have you used in the last 12 months?
0
- Who have been your suppliers of sodium chloride 5% (10ml) units during the past 12 months?
AAH Pharmaceuticals Ltd
- What price does your trust pay for Sodium Chloride 5% (10ml units)?
Withheld under Section 43 (2) of the Freedom of Information Act (2000)
Heartlands, Good Hope and Solihull Hospitals:
- What is your usage of sodium chloride 5% (10ml) units in the last 12 months?
Sodium Chloride 5% Eye Drops 10ml – 27
Sodium Chloride 5% Preservative Free Eye Drops 10ml – 2
- How many units of ODM5 have you used in the last 12 months?
We have not purchased any of the ODM5 brand
- Who have been your suppliers of sodium chloride 5% (10ml) units during the past 12 months?
Sodium Chloride 5% Eye Drops – Mawdsley Brooks
Sodium Chloride 5% Preservative Free Eye Drops – AAH and Alliance Healthcare
- What price does your trust pay for Sodium Chloride 5% (10ml units)?
Withheld under Section 43 (2) of the Freedom of Information Act (2000)
