Data of slaughterhouses that provide chicken and meat to Wales NHS
Dear NHS Wales Shared Services Partnership,
Request Title/summary within scope.
I am writing to make an open government request for all the
information to which I am entitled under the Freedom of Information
Act 2000.
Please send me original recorded information, which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.
If this request is too wide or unclear, and you require a
clarification, I would be grateful if you could contact me as I
understand that under the Act, you are required, as a duty, to advise and assist requesters.(Section 16 / Regulation 9).
ICO guidance:
Public authorities have a duty to provide advice and assistance to individuals making requests for information under FOIA.
Public authorities should provide advice and assistance to an applicant in the following circumstances:
1. to clarify unclear requests;
2. to help to provide the information requested in an
acceptable format;
3. to narrow responses which exceed the cost limit (section
12);
4. when they have refused to provide the information
because it is accessible by other means (section 21) or there is an intention to publish it in the future (section 22); and
5. when their request is transferred to another public authority because the information is held by it, and not by the public authority it was addressed to.
https://ico.org.uk/media/for-organisatio...
If my request is denied in whole or in part, I ask that you justify
all deletions by reference to specific exemptions of the act.
I will also expect you to release all non-exempt material. I reserve
the right to appeal your decision to withhold any information or to
charge excessive fees.
If any of this information is already in the public domain, please
can you direct me to it, with page references and URLs if
necessary.
Please confirm or deny whether the requested information is held ( section (Section 1(1)(a) and consider whether information should be provided under section 1(1)(b), or whether it is subject to an exemption in Part II of the Act.
If the release of any of this information is prohibited on the
grounds of breach of confidence, I ask that you supply me with
copies of the confidentiality agreement and remind you that
information should not be treated as confidential if such an
agreement has not been signed.
I request that the response be provided to me as electronic copies, via WDTK.
The information should be immediately readable - and, as a freedom of Information request, not put in a PDF or any closed form, which some readers may not be able to access.
I understand that you are required to respond to my request within
the 20 working days after you receive this letter. I would be
grateful if you could confirm in writing that you have received
this request.
::::::::
Please consider the ICO's Decision on the provision original documents on file, rather than newly written letters of response.
https://ico.org.uk/media/action-weve-tak...
50. However, if the requester expresses a preference to inspect the original documents (or copies of those documents) then we would expect the authority to provide them with a reasonable opportunity to view the originals (or copies), where practicable.
https://ico.org.uk/media/for-organisatio...
Nb This request does not require a letter, drafted by the External Affairs department, or any other written input by reputational defence employees - and purporting to be the response to a FOIA request.
::
Please note:
Section 77 FOIA
77.—(1) Where—
(a) a request for information has been made to a public
authority, and
(b) under section 1 of this Act or section 7 of the Data Protection Act 1998, the applicant would have been entitled (subject to payment of any fee) to communication of any information in accordance with that section,
any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.
(2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
The request:
Please provide data stating the names or identifying the slaughterhouses which provide chicken and meat to Wales NHS in the last two years.
You will know that all data on record as clearly there are health implications in the sourcing of these items, and all meat/ chicken must be sold with identification marks for this purpose - by law.
Yours faithfully,
[Name Removed]
Dear Sir/Madam,
We write further to your request made under the Freedom of Information Act
2000, relating to data identifying slaughterhouses providing chicken and
meat to NHS Wales.
There are a variety of standards and farm assurance schemes. Our previous
agreement required products to be accredited to the Red Tractor standard
and our current agreement awarded through an NPS framework expects
suppliers to deliver against the Government Buying Standards (“GBS”) for
Food and Catering Services publicised by the Department for Environment,
Food and Rural Affairs.
“Please provide data stating the names or identifying the slaughterhouses
which provide chicken and meat to Wales NHS in the last two years”
NHS Wales has held contracts with a number of suppliers over the past two
years to provide fresh/frozen raw and frozen meat to the Health
Boards/Trusts that we procure on behalf of. NHS Wales continues to hold
contracts with suppliers that provide ready processed fresh/frozen raw and
frozen meat to Health Boards/Trusts. It is the responsibility of our
suppliers to hold traceability information required under the terms and
conditions of contract and by accreditation standards. As such, NHS Wales
does not hold information that identifies the slaughterhouses in which
products were slaughtered before being purchased by our supply chain and
processed into products purchased by Health Boards/Trusts.
“You will know that all data on record as clearly there are health
implications in the sourcing of these items, and all meat/ chicken must be
sold with identification marks for this purpose - by law”
Further to the above, NHS Wales does not currently purchase any Chicken or
Meat directly from slaughterhouses and has not done so in the past two
years. NHS Wales only purchases processed products, i.e. cuts of meat that
have already been trimmed from carcases and processed products such as
minced meat, cooked meats etc. However, NHS Wales both understands and
appreciates the importance and purpose of Meat/Chicken containing the
required identification marks and are aware that this is required by law.
Suppliers are expected to deliver against a number of key criteria which
includes mandatory standards for the production, processing and
distribution of products. This covers traceability and authenticity of
products as well as animal welfare and environmental considerations
required under farm assurance schemes. In addition, all suppliers are
required to hold Food Safety accreditation against the Public Sector Code
of Practice and are audited on an annual basis by STS Solutions.
We trust that you will find this information helpful and as this response
has been provided in the spirit of the Freedom of Information Act, if you
are not satisfied with our response or the process followed, you have a
right to complain and request a review. You should forward your complaint
to [1][email address].
Should you wish to escalate your complaint and are unhappy with the
decision after review, you can contact the Information Commissioner’s
Office at:
Address: Information Commissioner's Office Wales, 2nd Floor, Churchill
House, Churchill Way, Cardiff, CF10 2HH
Telephone: 029 2067 8400
Fax: 029 2067 8399
Email: [2][email address]
Yours sincerely
Roxann Davies
Swyddog Cydymffurfio / Compliance Officer
Partneriaeth Cydwasanaethau GIG Cymru / NHS Wales Shared Services
Partnership
Ffon/Tel: 01443 848585
E-bost/ Email: [3][email address]
Rhyngrwyd • Internet: [4]www.nwssp.wales.nhs.uk
Mewnryyd • Intranet: [5]nww.nwssp.wales.nhs.uk
Twitter: [6]@nwssp
4/5 Cwrt Charnwood 4/5 Charnwood Court
Heol Billingsley Heol Billingsley
Parc Nantgarw Parc Nantgarw
Caerdydd Cardiff
CF15 7QZ CF15 7QZ
[7]cid:image001.jpg@01D09EDA.1720D070
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim
ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth
sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os
nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost,
gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y
cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn
anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad,
dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl
sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a
gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the
appropriate use of the addressee/s, and may contain information that is
privileged, confidential or exempt from disclosure. If the reader is not
an intended recipient, any disclosure, distribution or any action taken or
omitted to be taken in reliance on it, is prohibited and may be unlawful.
If you have received this e-mail in error, please delete it from your
system and notify the sender immediately. Any unauthorised disclosure of
the information contained in this e-mail is strictly prohibited, as is use
or application of its contents other than for its intended purpose’
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. file:///tmp/www.nwssp.wales.nhs.uk
5. file:///tmp/nww.nwssp.wales.nhs.uk
6. mailto:@nwssp
Dear Roxann Davies (NWSSP - Corporate Services),
Thank you for your advuce to take this request to the Information Commissioner’s Office but I must point out that there is a review stage to complete.
REVIEW
You have offered me no S16 help and advice, as to how I may the requested data.
You state:
NHS Wales has held contracts with a number of suppliers over the past two
years to provide fresh/frozen raw and frozen meat to the Health
Boards/Trusts that we procure on behalf of. NHS Wales continues to hold
contracts with suppliers that provide ready processed fresh/frozen raw and
frozen meat to Health Boards/Trusts.
It is the responsibility of our suppliers to hold traceability information required under the terms and
conditions of contract and by accreditation standards.
As such, NHS Wales does not hold information that identifies the slaughterhouses in which
products were slaughtered before being purchased by our supply chain and
processed into products purchased by Health Boards/Trusts.
==
I cannot believe that the organisation responsible for providing meat and poultry to weak and vulnerable patients at Welsh hospitals is seriously stating that it has no way to readily to trace the source of an outbreak of food poisoning,
Especially in the case of weekends when the provision companies would almost be certainly shut.
Would the NWSSP state that it didn’t have a clue as to the source of the food poisoning - as none was on its records - and leave patients to suffer?
Since NWSSP stares that it has no direct knowledge of source, which, in itself could be described as negligent, there must be tracing procedures in place to do so.
Particularly as any patient, or staff member, who has been made ill by eating food provided by Welsh hospitals can sue the Welsh NHS in the civil court.
Please therefore provide an up to date emergency procedure, with the names of the provision companies to be contacted.
Please also provide the contracts and invoices ( with the deletion of sensitive commercial pricing) from companies which have supplied the NWSSP via contracts for the past two years..
Yours sincerely,
[Name Removed]
Dear Sir/Madam,
We write further to the additional request for information made under the
Freedom of Information Act 2000 (the Act), following our response issued
on 30 October 2018. We have responded to your each of your requests, in
turn below:
“Please therefore provide an up to date emergency procedure, with the
names of the provision companies to be contacted.”
NHS Wales has a range of processes in place to manage the safety and
traceability of food. These include partnerships with expert third parties
including Hybu Cig Cymru (Meat Promotion Wales) and STS Solutions.
· Hybu Cig Cymru – Meat Promotion Wales
Registered Office: Tŷ Rheidol, Parc Merlin, Aberystwyth SY23 3FF
Telephone: 01970 625 050 / Fax: 01970 615 148
Email: [1][email address] / Website: [2]https://hccmpw.org.uk/en
· STS Solutions
Registered Office: Charles House, Albert Street, Eccles, Manchester M30
0PW
Telephone: 0845 862 8030
Email: [3][email address] / Website:
[4]https://www.sts-solutions.co.uk/
“Please also provide the contracts and invoices (with the deletion of
sensitive commercial pricing) from companies which have supplied the NWSSP
via contracts for the past two years.”
Refusal Notice: Section 43 - Commercial Interests
NHS Wales will not share copies of contracts or invoices due to the
commercially sensitive information that they contain.
We have determined that we are unable to share copies of contracts of
invoices due to the commercially sensitive and confidential information
that they contain. Therefore, we are relying on the exemption due to
commercial interests under Section 43(2) of the Act to withhold this
information from disclosure.
Section 43(2) of the Act, provides an exemption from disclosure of
information which would or would be likely to prejudice the commercial
interests of any person or company (including the public authority holding
it.) The term 'commercial interests' is not defined in the Act, however,
the Information Commissioner’s Office awareness guidance on the
application of Section 43 states "...a commercial interest relates to a
person's ability to participate competitively in a commercial activity,
i.e. the purchase and sale of goods or services."
It is our view that if we were to provide this information at this stage
this could ultimately disadvantage the organisation as it seeks to
demonstrate value for money. In considering the test of prejudice, we
believe the release of such information could prejudice the bargaining
position of NHS Wales. On the balance of probabilities there is a
significant risk that the disclosure of this information will prejudice
the tendering process and is therefore being withheld under Section 43(2).
As Section 43(2) is a qualified exemption, we have gone on to consider the
public interest in this case. We accept that there is a public interest in
determining how public money is spent and that the public would expect NHS
Wales to operate all tenders openly and fairly. Whilst there is a need for
transparency of decisions on how public funds are spent to generate
confidence in the integrity of the tendering process procedure involved
there is also a public interest in ensuring that NHS Wales achieves value
for money. Therefore, and as we have a duty to protect our legitimate
competitive interests, on balance we consider that the public interest in
favour of disclosure is outweighed by the public interest in favour of
maintaining the exemption.
We trust that you will find this information helpful and as this response
has been provided in the spirit of the Act, if you are not satisfied with
our response or the process followed, you have a right to complain and
request a review. You should forward your complaint to
[5][email address].
Should you wish to escalate your complaint and are unhappy with the
decision after review, you can contact the Information Commissioner’s
Office:
Address: Information Commissioner's Office Wales, 2nd Floor, Churchill
House, Churchill Way, Cardiff, CF10 2HH
Telephone: 029 2067 8400
Fax: 029 2067 8399
Email: [6][email address]
Yours sincerely
Roxann Davies
Swyddog Cydymffurfio / Compliance Officer
Partneriaeth Cydwasanaethau GIG Cymru / NHS Wales Shared Services
Partnership
Ffon/Tel: 01443 848585
E-bost/ Email: [7][email address]
Rhyngrwyd • Internet: [8]www.nwssp.wales.nhs.uk
Twitter: [9]@nwssp
4/5 Cwrt Charnwood 4/5 Charnwood Court
Heol Billingsley Heol Billingsley
Parc Nantgarw Parc Nantgarw
Caerdydd Cardiff
CF15 7QZ CF15 7QZ
[10]cid:image001.jpg@01D09EDA.1720D070
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim
ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth
sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os
nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost,
gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y
cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn
anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad,
dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl
sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a
gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the
appropriate use of the addressee/s, and may contain information that is
privileged, confidential or exempt from disclosure. If the reader is not
an intended recipient, any disclosure, distribution or any action taken or
omitted to be taken in reliance on it, is prohibited and may be unlawful.
If you have received this e-mail in error, please delete it from your
system and notify the sender immediately. Any unauthorised disclosure of
the information contained in this e-mail is strictly prohibited, as is use
or application of its contents other than for its intended purpose’
References
Visible links
1. mailto:[email address]
2. https://hccmpw.org.uk/en
3. mailto:[email address]
4. https://www.sts-solutions.co.uk/
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]
8. file:///tmp/www.nwssp.wales.nhs.uk
9. mailto:@nwssp
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of NHS Wales Shared Services Partnership's handling of my FOI request 'Data of slaughterhouses that provide chicken and meat to Wales NHS'.
My request:
“Please also provide the contracts and invoices (with the deletion of sensitive commercial pricing) from companies which have supplied the NWSSP via contracts for the past two years.”
You state:
Refusal Notice: Section 43 - Commercial Interests
NHS Wales will not share copies of contracts or invoices due to the commercially sensitive information that they contain.
==
I cannot understand why your response stares that you refuse it - on the grounds of ‘commercially sensitive information’ when I have been at pains to specifically exclude it from my request.
You also state: Section 43 states "...a commercial interest relates to a person's ability to participate competitively in a commercial activity,
i.e. the purchase and sale of goods or services."
Competitive interest ( Section 43(2) is a qualified exemption and does not apply to the NAMES of companies with which you have ALREADY AWARDED contracts.
Logically, they are no longer in a competitive situation -with other companies - once a contract has been awarded.
And why would what these companies are providing be a secret?
Surely it is just meat and poultry .....and has to be out to public tender anyway.
Exactiy how would it prevent a company from Tendering for contracts in the future?
Unless, of course, contracts are awarded - without competition.
==
Lists of contracted companies are willingly provided by other government organisations to comply with the FOIAct.
*For instance, this PHSO request is just one example. There are hundreds, if not thousands of such:
*https://www.whatdotheyknow.com/request/p...
So please explain why the NHS Wales Shared Services Partnership claims a special exemption from the FOIAct in this respect, to a past contractual arrangement, which is not in a current competitive situation?
Public interest.
Surely all public bodies are keen to show that contracts have been awarded fairly and should not exclude releasing the names of contract holders to the the public. It is their money you are spending.
The FOIAct also assists organisations to avoid accusations of partiality - which can occur, if contracts are awarded to mystery companies, when public money is involved.
Especially as my request stares that I EXPECT commercially sensitive information will be redacted from your response, just leaving the names of these contracted companies, which you already have on file.
And could also logically include the type of produce they supply, as in the example PHSO response given.
And which publically open contracts have to list.
Therefore it is in the public interest for you to supply them - openly and transparently - instead of remaining secretive about these contract holders.
When any financial information, which might be valuable to other companies for future negotiations has not been requested.
Dear Roxann Davies (NWSSP - Corporate Services),
If meat and chicken providers did NOT have to tender to supply the NHS - which is implied in your response - could you please explain the process how this/these companies were awarded their contracts?
Why aren’t the public allowed to know the contracts offered ....and the outcome of the tender?
Surely private contracts - with eventual providers names kept secret, on what must be many thousands of £’s of pubic money involved - would lead many to level accusations of corruption?
Yours sincerely,
[Name Removed]
Dear Sir/Madam,
We write further to your email of 30 October 2018.
To clarify, NHS Wales Procurement Services on behalf of Health Boards and Trusts have utilised a National Procurement Service (NPS) framework to award a contract for the provision of fresh/frozen meat and chicken. The framework in question (Framework Agreement for the Supply and Distribution of Fresh Food and Beverages Including Frozen Meat) - Ref: NPS-FOOD-0068-2016) was awarded by NPS. As the framework owner, NPS will have published an award notice as required under the Public Contracts Regulations 2015. NHS Wales are not required to publish an award notice to the market when awarding contracts using established framework agreements.
To reiterate, NHS Wales will not share copies of contracts due to the commercially sensitive information that they contain and we would remind you that we previously issued you with a Refusal Notice under Section 43 of the Freedom of Information Act 2000, on the basis of Commercial Interests.
We trust that you will find this information helpful and as this response has been provided in the spirit of the Act, if you are not satisfied with our response or the process followed, you have a right to complain to [email address].
Should you wish to escalate your complaint and are unhappy with the decision after review, you can contact the Information Commissioner’s Office:
Address: Information Commissioner's Office Wales, 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH
Telephone: 029 2067 8400
Fax: 029 2067 8399
Email: [email address]
Yours sincerely
Roxann Davies
Swyddog Cydymffurfio / Compliance Officer
Partneriaeth Cydwasanaethau GIG Cymru / NHS Wales Shared Services Partnership
Ffon/Tel: 01443 848585
E-bost/ Email: [email address]
Rhyngrwyd • Internet: www.nwssp.wales.nhs.uk
Mewnryyd • Intranet: nww.nwssp.wales.nhs.uk
Twitter: @nwssp
4/5 Cwrt Charnwood 4/5 Charnwood Court
Heol Billingsley Heol Billingsley
Parc Nantgarw Parc Nantgarw
Caerdydd Cardiff
CF15 7QZ CF15 7QZ
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost, gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad, dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the appropriate use of the addressee/s, and may contain information that is privileged, confidential or exempt from disclosure. If the reader is not an intended recipient, any disclosure, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please delete it from your system and notify the sender immediately. Any unauthorised disclosure of the information contained in this e-mail is strictly prohibited, as is use or application of its contents other than for its intended purpose’
Dear Roxann Davies (NWSSP - Corporate Services),
Thank you but I do not require commercially sensitivity very email information, as stated in my request and I was at pans to explain. There is no Competition AFTER a contract has been awarded and I require no £ figures.
I would refer you to the section you have quoted:
https://ico.org.uk/media/for-organisatio...
If the information is already in the public domain, as seem to you state , ( Although I would have appreciated more Section 16 help and assistance ) I cannot see why it is only considered sensitive ONLY within your particular organisation.
Surely you keep copies of all food contracts for public health safety reasons, as food must be traceable, or do you neglect to do so , as your reply seems to indicate so.
Since I have asked you for a review, I will now forward my complaint to the Information Commissioner’s Office .
Yours sincerely,
[Name Removed]
Dear Roxann Davies (NWSSP - Corporate Services),
1. Please confirm that you do not hold any data on Meat Origin status:
==
2.And that informative data is not sent, or available, to Wales NHS:
‘Procurement Services will be making these reports avaiable through its website to NHS Staff in Wales to ensure full transparency’.
Meat Origin status - update
18 Feb 2013
Procurement Services manages a range of contracts with specific meat suppliers in Wales. These include contracts for the provision of raw beef, lamb and pork.
Procurement Services has a monthly audit programme, which covers inspection and testing of the raw meat contract. Products are subject to standalone DNA/species-analysis testing on a monthly basis. All the tests carried out since the inception of this testing programme in 2006 have been negative for horse meat.
This audit programme runs in addition to the mandatory third-party food safety accreditation, which is required to supply food products to the NHS in Wales. The nominated auditors - Support and Training Services Solutions (STS) - ensure all suppliers are audited against the public sector code of practice for the supply of food.
In addition to the scheduled audit programme, STS has requested that all current suppliers of meat products run a full traceability exercise back to the farm, identifying each processor, handler or broker, cold store and re packing centre prior to the receipt of the product(s).
The meat contract also requires evidence to be provided in relation to the product traceability systems, which suppliers have in place. This specifies that suppliers of beef, pork and lamb shall have a fully documented traceability system in place. This requires accurate traceability from the point of supply to Procurement Services back to a point specified by a prospective supplier. This gives full visibility of the history of the animal and all information is expected to be at least maintained throughout the duration of the contract.
Procurement services has requested declarations from all current suppliers confirming that neither they or any of their suppliers have been implicated in the current horse meat or pork product issues. I can confirm that all suppliers have now submitted a declaration to the effect that none of them are trading or have traded with the companies in question.
In addition to a decleration, Procurement Services has also requested that recent evidence of DNA Testing be sent so that a database of information can be held on record to ensure that all companies are meeting their legal and contractual obligations.
Procurement Services will be making these reports avaiable through its website to NHS Staff in Wales to ensure full transparency.
Yours sincerely,
[Name Removed]
Dear Roxann Davies (NWSSP - Corporate Services),
And that you hold no information on file as to this contract.
https://www.sell2wales.gov.wales/search/...
Yours sincerely,
[Name Removed]
Dear Mrs Oakley,
We write further to your email of 6 December 2018 and would respond as
follows:
1. NWSSP do not hold data relating to the Meat Origin of all meat
products. This is however available to us through our contractual
arrangements with suppliers and the regimes that suppliers have in
place are regularly tested by our 3^rd party auditors, Hybu cig Cymru.
2. Contracts are informed by, and information relating to products is
sent, and available to all Catering Managers in NHS Wales. A range of
reports covering DNA testing are also available to NHS Wales catering
managers.
On 9 December 2018, you also asked us to confirm that we hold no
information on file relating to a specific contract. As previously
explained, we would be unable to disclose the contract or its contents due
to its commercially sensitive nature and therefore we seek to rely on an
exemption under Section 43, as per the Refusal Notice issued to you
previously.
We trust that you will find this information helpful, as this response has
been provided in the spirit of the Act. As this is the fourth response we
have issued to you, this will be our final response in relation to this
subject and therefore if you are not satisfied with our response or the
process followed, you have a right to contact the Information
Commissioner’s Office:
Address: Information Commissioner's Office Wales, 2nd Floor, Churchill
House, Churchill Way, Cardiff, CF10 2HH
Telephone: 029 2067 8400
Fax: 029 2067 8399
Email: [1][email address]
Yours sincerely
Roxann Davies
Swyddog Cydymffurfio / Compliance Officer
Partneriaeth Cydwasanaethau GIG Cymru / NHS Wales Shared Services
Partnership
Ffon/Tel: 01443 848585
E-bost/ Email: [2][email address]
Rhyngrwyd • Internet: [3]www.nwssp.wales.nhs.uk
Mewnryyd • Intranet: [4]nww.nwssp.wales.nhs.uk
Twitter: [5]@nwssp
4/5 Cwrt Charnwood 4/5 Charnwood Court
Heol Billingsley Heol Billingsley
Parc Nantgarw Parc Nantgarw
Caerdydd Cardiff
CF15 7QZ CF15 7QZ
[6]cid:image001.jpg@01D09EDA.1720D070
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim
ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth
sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os
nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost,
gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y
cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn
anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad,
dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl
sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a
gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the
appropriate use of the addressee/s, and may contain information that is
privileged, confidential or exempt from disclosure. If the reader is not
an intended recipient, any disclosure, distribution or any action taken or
omitted to be taken in reliance on it, is prohibited and may be unlawful.
If you have received this e-mail in error, please delete it from your
system and notify the sender immediately. Any unauthorised disclosure of
the information contained in this e-mail is strictly prohibited, as is use
or application of its contents other than for its intended purpose’
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. file:///tmp/www.nwssp.wales.nhs.uk
4. file:///tmp/nww.nwssp.wales.nhs.uk
5. mailto:@nwssp
Dear Roxann Davies (NWSSP - Corporate Services),
Thank you - for your comments on the number of times that you have responded to me.
But but the initial error was yours.
You will now know that FOIA requests are in two stages.
1. The First response to a request.
2. The second- the Review:
-which you were either reluctant to provide
- or totally to be unaware that you must comply with the Act in the respect of a review.
Clarification
In addition , in sprit of cooperation, and to prevent this request going to the iCO (who are busy enough already) I asked you to clarify exactly what you have on record - to match the criteria to the request.
This was because you seemed unable to understand that S16 help and assistance was required ....as to how I might frame my request. Simply, how could I know what your records contain?
==
Public right to know evaluation:
The Section that you quote is only applicable to commercially sensitive material ( where companies are in competition and could therefore gain from financially sensitive material), which, once again, I am NOT asking you to provide.
I have stated that data can be redacted - for figures on contracts ALREADY awarded - after going through the public process, where the contract is open to all. Or are you stating that the contract was awarded without any competitive process?
The huge majority of publicly funded organisations recognise,- as the public have a right to know that its money is being spent fairly, so it is reasonable to know what the contracts are, to whom contracts have been awarded and on what basis. For example: Part of the response could be the items which are on the contract.
So I cannot see the NWSSP has a special dispensation from the FOIAct, unlike other publically funded organisations, who willingly divulge how the public money that they handle is being spent.
Public contracts are not usually awarded, as if to members of a cosy club.
With the public being not allowed to know the basics of the terms of these contracts ..and equally without proper auditing.
That is the transparency and openness, which you may not be aware that all publically funded organisations are tasked with supplying.
The complaint is now with the Information Commissioner’s Office .
Yours sincerely,
[Name Removed]
Yours sincerely,
[Name Removed]
Dear Roxann Davies (NWSSP - Corporate Services),
For your information:
Information Commissioner’s Office has Accepted the case for investigation
==
Dear Jto
Your ref: https://www.whatdotheyknow.com/request/d...
Your information request to NHS Wales Shared Services Partnership
Thank you for your correspondence of 05/12/18 in which you make a complaint about the above public authority’s handling of your request for information. Please accept my apologies for the delay in responding.
Your complaint has been accepted as eligible for further consideration and will be allocated to a case officer as soon as possible.
Information Commissioner’s Office
==
Therefore, if you now wish to reconsider your stance and provide the requested information, it would help lessen the public expense of the investigation.
Yours sincerely,
[Name Removed]
Gadawodd [Name Removed] (Ataliwyd y cyfrif) anodiad ()
Still nothing from the Information Commissioner’s Office .
Dear Mrs Oakley
Please find attached contractual information and copy of invoices with
meat suppliers as per your e-mails of December 2018 and subsequent
correspondence with the Information Commissioner’s Office.
Yours sincerely
Peter Stephenson
Pennaeth Cyllid a Datblygu Busnes/Head of Finance & Business Development
Partneriaeth Cydwasanaethau GIG Cymru
NHS Wales Shared Services Partnership
[1]Ffon Tel 07932 493302
E-bost E-mail. [2][email address]
Rhyngrwyd Internet: [3]www.nwssp.wales.nhs.uk
Mewnrwyd Intranet: nww.nwssp.wales.nhs.uk
Twitter: @nwssp
4/5 Cwrt Charnwood 4/5 Charnwood Court
Heol Billingsley Heol Billingsley
Parc Nantgarw Parc Nantgarw
Caerdydd Cardiff
CF15 7QZ CF15 7QZ
References
Visible links
1. file:///tmp/tel:/Ffon/
2. mailto:[email address]
3. http://www.nwssp.wales.nhs.uk/
Dear [first name redacted]-Oakley.
ICO reference FS50807420
Following our last response to you on the information you requested, we
have provided further information to the Information Commissioner’s Office
on the case referenced above on the 13^th December 2019.
We are aware that there is an outstanding action, and the NHS Wales Shared
Services Partnership has been requested by the Information Commissioner’s
Office to provide you with the details of the slaughterhouses that are
used by the suppliers of meat to the NHS in Wales.
We now have this information and now take this opportunity to attach the
slaughterhouses used for specific meat items that are supplied to us from
those suppliers. Each slaughterhouse code has a reference against it which
can be cross referenced with the details in the ‘Manufacturing Site EC
reference.xlsx’ spreadsheet that is also attached.
I trust that this is a satisfactory response to the point that was
remaining unanswered.
Regards,
Tim Knifton, MSc Gwybodeg Iechyd/Health Informatics
Rheolwr Rheoli Gwybodaeth/Information Governance Manager
Partneriaeth Cydwasanaethau GIG Cymru/NHS Wales Shared Services
Partnership
e-bost/ email: [email address]
Rhyngrwyd • Internet: [1]www.nwssp.wales.nhs.uk
Twitter: [2]@nwssp
Dw i ddim yn deall Cymraeg. Fodd bynnag mae PCGC yn croesawu gohebiaeth
yn y Gymraeg neu Saesneg.
I’m not able to understand Welsh. However NWSSP welcomes correspondence
in Welsh or English.
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim
ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth
sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os
nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost,
gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y
cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn
anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad,
dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl
sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a
gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the
appropriate use of the addressee/s, and may contain information that is
privileged, confidential or exempt from disclosure. If the reader is not
an intended recipient, any disclosure, distribution or any action taken or
omitted to be taken in reliance on it, is prohibited and may be unlawful.
If you have received this e-mail in error, please delete it from your
system and notify the sender immediately. Any unauthorised disclosure of
the information contained in this e-mail is strictly prohibited, as is use
or application of its contents other than for its intended purpose’
References
Visible links
1. file:///tmp/applewebdata:/6254C1B1-851E-4744-A91E-52EBC012CB25/www.nwssp.wales.nhs.uk
2. mailto:@nwssp
Dear Tim Knifton (NWSSP - Information Governance),
Thank you.
However, I can’t seem to find any data of which purchases go to which NHS outlets..Boards , or NHS purveyors of food.
Presumably you must have such a list.... For the purposes of Health &Safety tracking.
Or are all purchases on the supplied list purchased by all boards etc?
Yours sincerely,
[Name Removed]
Thank you for your email.
I will have to go back to our Procurement Teams and ask those questions.
Tim
Dear [first name redacted]-Oakley,
Further to our email conversation last week regarding the purchases of
meat to each NHS Wales organisation, I have the following response from
the Procurement Team.
Agreements such as these are defined under the Public Contract Regulations
as "contractual frameworks" and thus do not have a commitment for
expenditure.
Health Boards and Trusts would be responsible for the individual
requisitions for goods and services under these agreements. Therefore,
Health Boards or Trusts would be responsible for the purchasing of goods
via these agreements.
NWSSP does have access to an All Orders Raised report which references the
Health Board or Trust and Cost Centre in question against the relevant
Contract(s).
The query of the supplied list being purchased by all Health Boards or
Trusts, is dependent upon the requisitioning / purchasing process as well
as the procurement lotting strategy. The agreements were procured on an
All Wales basis and thus all items would be available to be purchased by
Health Boards and Trusts.
Tim
Tim Knifton, MSc Gwybodeg Iechyd/Health Informatics
Rheolwr Rheoli Gwybodaeth/Information Governance Manager
Partneriaeth Cydwasanaethau GIG Cymru/NHS Wales Shared Services
Partnership
e-bost/ email: [1][email address]
Rhyngrwyd • Internet: [2]www.nwssp.wales.nhs.uk
Twitter: @nwssp
Dw i ddim yn deall Cymraeg. Fodd bynnag mae PCGC yn croesawu gohebiaeth
yn y Gymraeg neu Saesneg.
I’m not able to understand Welsh. However NWSSP welcomes correspondence
in Welsh or English.
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim
ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth
sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os
nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost,
gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y
cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn
anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad,
dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl
sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a
gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the
appropriate use of the addressee/s, and may contain information that is
privileged, confidential or exempt from disclosure. If the reader is not
an intended recipient, any disclosure, distribution or any action taken or
omitted to be taken in reliance on it, is prohibited and may be unlawful.
If you have received this e-mail in error, please delete it from your
system and notify the sender immediately. Any unauthorised disclosure of
the information contained in this e-mail is strictly prohibited, as is use
or application of its contents other than for its intended purpose’
Dear Tim Knifton (NWSSP - Information Governance),
Thank you ....but I am mystified as to what that means.
Its not in a form that I can understand.
==
All I want to know is where the purchases of these companies are going...to which boards.
I don’t want any details of the expenditure.
I’m sure that you must have data of this type because of H&S implications..tracing food which might make NHS patients at any one Board ill.
The alternative is that you don’t have any H&S tracking of NHS food purchased.
Which would seem inconsistent with protection of the public. Especially hospital patients.
Could you please confirm - or deny please?
Yours sincerely,
[Name Removed]
Hi [first name redacted]-Oakley.
Thank you for the reply to my email. What it means is that NHS Wales Shared Services Partnership (NWSSP) directly facilitates the procurement of the successful suppliers for the Health Boards but will not be responsible for what is purchased by them.
However, I will get a direct and detailed response from the Procurement Team and have now forwarded your email this afternoon.
Tim
Dear Tim Knifton (NWSSP - Information Governance),
By coincidence.. in firsts Daily Mail.
https://www.dailymail.co.uk/news/article...
Yours sincerely,
[Name Removed]
Good morning [first name redacted]-Oakley,
Following our last emails, I now enclose the details of the suppliers over the period October 2016 and October 2018 that supplied meat to the Health Boards. This has been detailed to show which supplier has supplied which Health Boards.
Tim
Dear Tim Knifton (NWSSP - Information Governance),
Thank you.
And I have agreed with the Information Commissioner’s Office that You have now supplied the data requested.
It’s only a shame that the provision of it necessitated such a long, drawn out correspondence.
Plus the Information Commissioner’s Office, public money time and energy to receive it.
Yours sincerely,
[Name Removed]
Dear [first name redacted]-Oakley.
Thank you for letting me know.
I was on long term sickness absence when it was originally requested so I cannot comment on the decisions made on your original request during my absence from the office but I am aware of the history.
Regards,
Tim Knifton, MSc Gwybodeg Iechyd/Health Informatics
Rheolwr Rheoli Gwybodaeth/Information Governance Manager
Partneriaeth Cydwasanaethau GIG Cymru/NHS Wales Shared Services Partnership
e-bost/ email: [email address]
Rhyngrwyd • Internet: www.nwssp.wales.nhs.uk
Mewnrwyd • Intranet: nww.nwssp.wales.nhs.uk
Twitter: @nwssp
Dw i ddim yn deall Cymraeg. Fodd bynnag mae PCGC yn croesawu gohebiaeth yn y Gymraeg neu Saesneg.
I’m not able to understand Welsh. However NWSSP welcomes correspondence in Welsh or English.
Please note: the NWSSP Information Governance function has an email address for all IG work, queries or training requests:
[email address]
'Mae'r e-bost hwn ac unrhyw ffeiliau sy'n cyd-fynd gyda’r e-bost hwn, ddim ond ar gyfer defnydd priodol y derbynnydd/ion, a gall gynnwys gwybodaeth sy'n freintiedig, yn gyfrinachol neu eithriedig rhag cael ei ddatgelu. Os nad yw'r darllenydd yn dderbynnydd a fwriadwyd i dderbyn yr e-bost, gwaherddir unrhyw ddatgeliad, dosbarthiad neu unrhyw gamau eraill y cymerwyd neu sydd heb gael eu cymryd gan ddibynnu arno, a gallai fod yn anghyfreithlon. Os ydych wedi derbyn yr e-bost hwn trwy gamgymeriad, dilewch o'ch system ac yn rhowch wybod i'r anfonwr ar unwaith. Bydd y sawl sy’n datgelu unrhyw wybodaeth heb awdurdod i ddatgelu’r wybodaeth a gynhwysir yn yr e-bost yn cael eu gwahardd yn llym.’
‘This e-mail and any files that accompany it are intended only for the appropriate use of the addressee/s, and may contain information that is privileged, confidential or exempt from disclosure. If the reader is not an intended recipient, any disclosure, distribution or any action taken or omitted to be taken in reliance on it, is prohibited and may be unlawful. If you have received this e-mail in error, please delete it from your system and notify the sender immediately. Any unauthorised disclosure of the information contained in this e-mail is strictly prohibited, as is use or application of its contents other than for its intended purpose’
Dear Tim Knifton (NWSSP - Information Governance),
Sorry. I hope you are better now. 😊
Yours sincerely,
[Name Removed]
We work to defend the right to FOI for everyone
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Gadawodd [Name Removed] (Ataliwyd y cyfrif) anodiad ()
Referred to the Information Commissioner’s Office December 5, 2018
To: casework@ico.org.uk
Report a concern about how an organisation handled your information
Please only reply by email to save postal visits and the environment.
In any response please include my reference which is:
Data of slaughterhouses that provide chicken and meat to Wales NHS
Thank you
==
1. Details of the organisation your concern is about
Organisation: NHS Wales Shared Services Partnership,
Contact name: Roxann Davies
Swyddog Cydymffurfio / Compliance Officer
Partneriaeth Cydwasanaethau GIG Cymru / NHS Wales Shared Services Partnership
:
Address4/5 Charnwood Court
Heol Billingsley Parc Nantgarw
Cardiff
Postcode: CF15 7QZ
Telephone: Ffon/Tel: 01443 848585
Email: none given
2. Your relationship with the organisation
Member of the public
3. What is your concern?
The partnership is responsible for supplying meat and chicken to Wales ’ NHS. To be served to its patients.
I have requested to know where the animals were slaughtered.
https://www.whatdotheyknow.com/request/d...
- EU law states that the origin of meat must be traceable and provides identification marks on all meat sold in the UK.
The reason for this is primarily health safety- to trace food poisoning outbreaks - but it also provides information for the consumer to know where their meat and poultry is slaughtered, as it has to carry this approved establishment mark.
It looks like this... is legally required and you can also find it on supermarket meat.image1.jpeg
It also informs those of different religions who wish to follow their own particular religious practices, regarding food, so they can comply with those practices.
(Picture of legal requirement markif the siyrce if the meat and poultry) )
It does not therefore seem ridiculous for an NHS patient to know which meat, or chicken, they may not eat, because of their religion.
As ‘ captive’ patients should have the choice whether or not to eat it.
- This applies to all religions equally.
Which is why I cannot understand why NHS Wales Shared Services Partnership is so reluctant to provide this basic data.
I have been at pains to state that I do not want any commercially information.
Yet the NHS Wales Shared Services Partnership has refused my request and on the grounds that I am requesting it.
Section 43(2) of the Act, provides an exemption from disclosure of
information which would or would be likely to prejudice the commercial
interests of any person or company (including the public authority holding
it.) The term 'commercial interests' is not defined in the Act, however,
the Information Commissioner’s Office awareness guidance on the
application of Section 43 states "...a commercial interest relates to a
person's ability to participate competitively in a commercial activity,
i.e. the purchase and sale of goods or services."
Tenders for commercial contracts have to be public ( to avoid accusations if bribery etc) and the results made public.
The partnership should hold copies of these, for health and safety - at least.
In any case, once a contract is awarded to a company it is no longer competing in a commercial competition , it has won the contract, so no longer participating in a competitive situation with others.
And because I have not requested financially sensitive information, I cannot see why this particular Section- 43 ( 2)- applies at all.
Other organisations are happy to comply with the Act and state which companies they have awarded contracts to and the sums paid from the public purse for their services.
Here is an example if how other public organisations respond to requests for contract details to comply with the law.
https://www.whatdotheyknow.com/request/p...
So why would NHS Wales Shared Services Partnership be excluded from the Foi Act?
It states :
As Section 43(2) is a qualified exemption, we have gone on to consider the
public interest in this case. We accept that there is a public interest in
determining how public money is spent and that the public would expect NHS
Wales to operate all tenders openly and fairly. Whilst there is a need for
transparency of decisions on how public funds are spent to generate
confidence in the integrity of the tendering process procedure involved
there is also a public interest in ensuring that NHS Wales achieves value
for money. Therefore, and as we have a duty to protect our legitimate
competitive interests, on balance we consider that the public interest in
favour of disclosure is outweighed by the public interest in favour of
maintaining the exemption.
As the partnership states:
‘Wales to operate all tenders openly and fairly’.
- Then why isn’t it?
==
Something else. Please give details.
Please send us copies of relevant documents that support your concern.
https://www.whatdotheyknow.com/request/d...
4. What have you done to raise your concern with the organisation?
https://www.whatdotheyknow.com/request/d...
Please send copies of any documents you have showing how you raised your concern with the organisation.
https://www.whatdotheyknow.com/request/d...
5. What did the organisation say?
https://www.whatdotheyknow.com/request/d...
Please send copies of any documents you have showing the organisation’s response to your concern.
6. Reference number
None given.
Please tell us any reference number that the organisation has given you, eg account number, policy number etc.
As above.
7. Your details
Or, if you’re filling this in on behalf of someone else, put their details here.
If you have only paper copies of any of your supporting documents, print this form and post it with all your supporting documents to:
Customer Contact
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF