Freedom of Information Team
Department of Health and Social Care
39 Victoria Street
London
SW1H 0EU
www.gov.uk/dhsc
Mr Angus Files
mailto:request-486193-
xxxxxxxx@xxxxxxxxxxxxxx.xxx
5 July 2018
Dear Mr Files
Freedom of Information Request Reference FOI-1135793
Thank you for your request dated 7 June 2018 in which you asked the Department of
Health and Social Care (DHSC)
:
“Any vaccine would suffice please.”
This was a follow up to your request of 19 May 2018 (our reference FOI-1133517), which was:
“Subject: Freedom of Information request - Vaccine Drug Immunity to manufacturers
Has the Government ever given Indemnity to any vaccine supplier or manufacturer to cover
civil claims for alleged damages by drugs or vaccines.
If so can you supply
1.The names of the drugs and vaccines.
2.The products names.
3.The names of the manufacturer and supplier.
4.And a copy of the documents.”
In our response to FOI-1133517 (dated 7 June), we asked you to clarify if your reference to
“
Indemnity to any vaccine supplier or manufacturer to cover civil claims for alleged damages by
drugs or vaccines” was intended to cover just vaccines, or vaccines and drugs, and we are grateful
that your new request of 7 June (FOI-1135793)
has clarified that.
Your new request has been handled under the Freedom of Information Act (FOIA). For ease of
reference, our response below uses the numbering set out in your original request (FOI-1133517),
DHSC holds some information relevant to your request. The Government has provided indemnity
to vaccine suppliers to “cover civil claims for alleged damages.” The indemnities provided on
vaccines were only provided because of the exceptional circumstances in which they were, or
could be used.
In relation to your first three numbered questions, I can confirm that a qualified indemnity of the
sort you refer to was given in relation to the following manufacturers and vaccines. This includes:
“Generic” Name
Product Name
Manufacturer
H1N1 pandemic influenza
Pandemrix
GlaxoSmithKline
vaccine
H1N1 pandemic influenza
Celvapan
Baxter International
vaccine
Next generation liquid smallpox Liquid Smallpox Vaccine VV
Sanofi Pasteur SA
vaccine
Lister/CEP
Influenza pandemic
Foclivia
Seqirus
preparedness vaccine (mock-
up)
In relation to your last question, with regards to providing a copy of these documents, we consider
that the information sought is exempt for release under Section 43 of the Act (commercial
interests). Section 43 exempts from the general duty to release information which would, or would
be likely to, prejudice the commercial interests of any entity, including the public authority holding
the information. We are applying this exemption because the release of the information sought
would prejudice the commercial interests of a relevant party.
Section 43 is a qualified exemption and its application is subject to a public interest assessment. In
this case, the Department has considered the public interest there may be in disclosure. We have
concluded that sharing information that might prejudice the commercial interests of the
manufacturers listed above could impact on DHSC relations’ with that party, and weaken our
position (and may also have a wider impact on relations with similar parties) where the
procurement and provision of vaccines is vital. This outweighs the public interest there may be in
disclosure.
If you are not satisfied with the handling of your request, you have the right to appeal by asking for
an internal review. This should be submitted within two months of the date of receipt of the
response to your original letter and should be addressed to the address at the top of this letter, or
the email address at the end of this letter.
Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of your internal review, you may complain directly to the
Information Commissioner (ICO) who may decide to investigate your concerns. Generally, the ICO
cannot make a decision unless you have already appealed our original response, and received our
internal review response. The ICO will not usually investigate concerns where there has been an
undue delay in bringing it to their attention. You should raise your concerns with them within three
months of your last meaningful contact with us.
The ICO can be contacted at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
https://ico.org.uk/concerns/
Yours sincerely,
Dorothy Crowe
Freedom of Information Officer
E
xxxxxxxxxxxxxxxxxxxx@xx.xxx.xxx.xx