Information about your dealings with Stonewall [Extraneous material removed]

The request was refused by NHS Blood and Transplant.

Dear NHS Blood and Transplant,

This is a request under the Freedom of Information Act 2000 (FOIA). Please provide any information that you hold answering to any of the following descriptions:

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity Champion” or to be included on Stonewall’s “Workplace Equality Index,” including any attachments or appendices to those applications. Please redact personal details if necessary.

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to either application or programme.

3. Any other communication you have received from Stonewall in 2019 or 2020 unless privileged or otherwise exempt from disclosure (but if you claim privilege or exemption in relation to any material, please say in broad terms what the material is and the basis on which you claim to be entitled to withhold it).

4. Full details of any equality impact assessment you carried out connected with any of these applications (including any equality impact assessment carried out prior to an earlier application of the same kind, if no further assessment was done).

5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in 2020, whether or not as payment for goods or services.

6. Whether you intend to continue your membership of any Stonewall scheme in the future, and if so which.

Yours faithfully,

Ermine Amies

Customer Services, NHS Blood and Transplant

Our ref:  MOC/ 413064

 

Acknowledgement : Information request

 

Dear Ermine Amies

Thank you for your request for information.

 

I acknowledge your request to access information from NHS Blood and
Transplant (NHSBT) and am presently dealing with your request under the
terms of the Freedom of Information Act 2000.   We aim to reply within 20
working days, 5^th March 2021.

   

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

 

Yours sincerely

 

Wayne Lawley

Head of Corporate Communications

E-mail: [1][email address]

 

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++
NHS Blood and Transplant
Do something amazing today - Give Blood.
Organ donation. The gift of life.
You can visit us at [2]www.nhsbt.nhs.uk
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
The views expressed in this e-mail are those of the sender, and not
necessarily those of NHS Blood and Transplant.
This text confirms that this e-mail message and its attachments have been
swept for the presence of computer viruses by NHS Blood and Transplant,
however we cannot guarantee that they are virus free.
All e-mails and their attachments to and from the nhsbt.nhs.uk domain may
be archived, and their contents monitored.

References

Visible links
1. mailto:[email address]
2. http://www.nhsbt.nhs.uk/

Customer Services, NHS Blood and Transplant

1 Attachment

Our ref: MOC/ 413064

 

 

Dear Ermine Amies,

 

Re: Information request

 

Thank you for your request dated 5^th February 2021 for information from
NHS Blood and Transplant (NHSBT) regarding Stonewall.  I am sorry for the
delay in responding.

 

Please find attached our response.

 

I hope this is helpful in addressing your questions. Please quote the
reference number above in any future communications.

 

Yours sincerely

 

Wayne Lawley

Head of Corporate Communications

 

E-mail: [1][email address]

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to: Customer Services Operations Manager, NHS Blood and
Transplant, Charcot Road, Colindale, NW9 5BG (Email:
[email address]).

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by NHS Blood and Transplant (NHSBT). The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++
NHS Blood and Transplant
Do something amazing today - Give Blood.
Organ donation. The gift of life.
You can visit us at [2]www.nhsbt.nhs.uk
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
The views expressed in this e-mail are those of the sender, and not
necessarily those of NHS Blood and Transplant.
This text confirms that this e-mail message and its attachments have been
swept for the presence of computer viruses by NHS Blood and Transplant,
however we cannot guarantee that they are virus free.
All e-mails and their attachments to and from the nhsbt.nhs.uk domain may
be archived, and their contents monitored.

References

Visible links
1. mailto:[email address]
2. http://www.nhsbt.nhs.uk/

Dear Wayne,

Thank you. I note you have claimed exemption provided
by the Freedom of Information Act Section 41 - Information provided in
confidence and will respond shortly.

Yours sincerely,

Ermine Amies

Dear NHS Blood and Transplant,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of NHS Blood and Transplant's handling of my FOI request 'Information about your dealings with Stonewall #DontSubmitToStonewall'.

You responded to Parts 1, 2 & 3 of my request as follows:
__________________________________________________________________
I can confirm that NHSBT renewed its overall membership with Stonewall during this period and as part of this we request that we are included on Stonewall’s Workplace Equality Index.

We are declining to release a copy of this application under the exemption provided by the Freedom of Information Act Section 41 - Information provided in confidence. (1) Information is exempt information if—

(a)it was obtained by the public authority from any other person (including another public authority), and

(b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person

For this question we are citing section (b), the documents you have requested contain personal testimony of individuals about working for NHSBT. This testimony was given in confidence and were it to be released there is a risk that these colleagues could be identified.
_________________________

Please review. The information requested does not breach Article 8 of the Human Rights Act (right to respect for family and private life). The information requested is not personal information and does not risk identification of confiders.

The WEI & feedback is already appears in the public domain. So there is no detrimental impact on Stonewall if your original response considered them a commercial confider.* There is no actionable breach by providing the information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

Ermine Amies

*https://ico.org.uk/media/for-organisatio...) para 59 .

For ease of reference here are the answers to the other parts of the request:

4. There has been no equality impact assessment carried out in respect of our applications with Stonewall. Stonewall is a body which highlights inequalities within the workplace around processes, policies and procedures and therefore the team responsible for the relationship concluded that an Equality Impact Assessment was not necessary.

5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in 2020, whether or not as payment for goods or services.

Stonewall membership renewal £2,500.00 (31/07/20)
Stonewall membership renewal £2,500.00 (12/04/19)
Stonewall conference tickets £897.00 (01/04/19)

These costs are what NHSBT paid for its membership as well as a single one-off cost for conference attendance.

6. Whether you intend to continue your membership of any Stonewall scheme in the future, and if so which.

Membership is reviewed annually as well as NHSBT’s application to enter the Workplace Equality Index.

Customer Services, NHS Blood and Transplant

Our ref: JR/416681

 

 

Acknowledgement : Information request

 

 

Dear Ermine Amies

 

Thank you for your email of 25^th March 2021 requesting that we review our
response reference 413064.  We aim to reply within 20 working days.

   

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

 

Yours sincerely

 

Wayne Lawley

Head of Corporate Communications

 

E-mail: [1][email address]

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++
NHS Blood and Transplant
Do something amazing today - Give Blood.
Organ donation. The gift of life.
You can visit us at [2]www.nhsbt.nhs.uk
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
The views expressed in this e-mail are those of the sender, and not
necessarily those of NHS Blood and Transplant.
This text confirms that this e-mail message and its attachments have been
swept for the presence of computer viruses by NHS Blood and Transplant,
however we cannot guarantee that they are virus free.
All e-mails and their attachments to and from the nhsbt.nhs.uk domain may
be archived, and their contents monitored.

References

Visible links
1. mailto:[email address]
2. http://www.nhsbt.nhs.uk/

Ermine Amies left an annotation ()

Internal reveiw due on 22 April.

Customer Services, NHS Blood and Transplant

Our ref:  MOC/ 416681

 

Dear Ermine Amies

 

Acknowledgement : Information request

 

Thank you for your request for information.

 

Unfortunately, it is taking longer than anticipated to deal with your
request.  We aim to reply by 30th April and I am sorry for any
inconvenience caused.

 

If you have any queries please contact me. Please remember to quote the
reference number above in any future communications.

 

Yours sincerely

 

Wayne Lawley

Head of Corporate Communications

E-mail: [1][email address]

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++
NHS Blood and Transplant
Do something amazing today - Give Blood.
Organ donation. The gift of life.
You can visit us at [2]www.nhsbt.nhs.uk
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
The views expressed in this e-mail are those of the sender, and not
necessarily those of NHS Blood and Transplant.
This text confirms that this e-mail message and its attachments have been
swept for the presence of computer viruses by NHS Blood and Transplant,
however we cannot guarantee that they are virus free.
All e-mails and their attachments to and from the nhsbt.nhs.uk domain may
be archived, and their contents monitored.

References

Visible links
1. mailto:[email address]
2. http://www.nhsbt.nhs.uk/

Customer Services, NHS Blood and Transplant

2 Attachments

Our ref: JR/416681

 

Dear Ermine Amies

 

Re: Information request

 

Thank you for your request dated 25^th March 2021 information from NHS
Blood and Transplant (NHSBT) regarding a review of our response reference
413064.

 

Please see attached our response.

 

I hope this is helpful in addressing your questions. Please quote the
reference number above in any future communications.

 

Yours sincerely

 

 

Wayne Lawley

Head of Corporate Communications

 

E-mail: [1][email address]  

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to: Customer Services Operations Manager, NHS Blood and
Transplant, Charcot Road, Colindale, NW9 5BG (Email:
[email address]).

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by NHS Blood and Transplant (NHSBT). The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

 

+++++++++++++++++++++++++++++++++++++++++++++++++++++++
NHS Blood and Transplant
Do something amazing today - Give Blood.
Organ donation. The gift of life.
You can visit us at [2]www.nhsbt.nhs.uk
+++++++++++++++++++++++++++++++++++++++++++++++++++++++
The views expressed in this e-mail are those of the sender, and not
necessarily those of NHS Blood and Transplant.
This text confirms that this e-mail message and its attachments have been
swept for the presence of computer viruses by NHS Blood and Transplant,
however we cannot guarantee that they are virus free.
All e-mails and their attachments to and from the nhsbt.nhs.uk domain may
be archived, and their contents monitored.

References

Visible links
1. mailto:[email address]
2. http://www.nhsbt.nhs.uk/

Ermine Amies left an annotation ()

lnternal Review declined on grounds of S41(2) (would constitute an actionable breach of confidence) and s43(2) (Stonewall's commercial interests). They have renewed membership and the "Workplace Equality lndex" - cost £2.5k a year

Full review is pasted here for ease of reference,

1. Any application you made in 2019 or 2020 to be a “Stonewall Diversity Champion” or to be included on Stonewall’s “Workplace Equality Index,” including any attachments or appendices to those applications. Please redact personal details if necessary.

NHSBT Response:
I can confirm that NHSBT renewed its overall membership with Stonewall during this period and as part of this we request that we are included on Stonewall’s Workplace Equality Index.

We are declining to release a copy of this application under the exemption provided by the Freedom of Information Act Section 41 - Information provided in confidence. (1) Information is exempt information if (a)it was obtained by the public authority from any other person (including another public authority), and (b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it
would constitute a breach of confidence actionable by that or any other person

For this question we are citing section (b), the documents you have requested contain personal testimony of individuals about working for NHSBT. This testimony was given in confidence and were it to be released there is a risk that these colleagues could be
identified.

As Section 41 is an absolute exemption, a public interest test is not required.

Internal Review Response:
I am satisfied that the information provided has satisfied the question although the use of the exemption is not required.

This is because there is no further information held in relation to the application that was made.

2. Any feedback you received in 2019 or 2020 from Stonewall in relation to either application or programme.

NHSBT Response:
Under the Freedom of Information Act Section 41 Information provided in confidence. (1) Information is exempt information if— (a)it was obtained by the public authority from any other person (including another public authority), and (b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person

As for the previous question we are citing section (b), the documents you have requested contain personal testimony of individuals about working for NHSBT. This testimony was given in confidence and were it to be released there is a risk that these colleagues could be identified.

As Section 41 is an absolute exemption, a public interest test is not required.

Internal Review Response: I have reviewed the information and I am of the view that the following applies:
Section 41 (2) Information provided in confidence. (1) Information is exempt information if— (a)it was obtained by the public authority from any other person (including another public authority), and (b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person

Section 43 (2) also applies this is because it is likely to harm the commercial interests of a third party. The disclosure of information may lead to a detrimental impact on the commercial activities and revenue of Stonewall, as other public bodies may be less willing to engage in its services if detailed submission and feedback information were shown to be subject to disclosure. This would also be the case for members of Stonewall.

Disclosure would also allow competitors to gain a competitive advantage in providing measures and advice on the project of LGBTQ+ diversity and inclusivity in the workplace.

Therefore, on balance it is not in the public interest to disclose this information at this time.

3. Any other communication you have received from Stonewall in 2019 or 2020 unless privileged or otherwise exempt from disclosure (but if you claim privilege or exemption in relation to any material, please say in broad terms what the material is and the basis on which you claim to be entitled to withhold it).

NHSBT Response:
Under the Freedom of Information Act Section 41 - Information provided in confidence.

(1) Information is exempt information if— (a)it was obtained by the public authority from any other person (including another public authority), and (b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it
would constitute a breach of confidence actionable by that or any other person

As with previous two questions, we are citing section (b), the documents you have requested contain personal testimony of individuals about working for NHSBT. This testimony was given in confidence and were it to be released there is a risk that these colleagues could be identified.

As Section 41 is an absolute exemption, a public interest test is not required.

Internal Review Response: I have reviewed the information and I am of the view that the following applies:
Section 41 (2) Information provided in confidence. (1) Information is exempt information if— (a)it was obtained by the public authority from any other person (including another public authority), and (b)the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person

Section 43 (2) also applies this is because it is likely to harm the commercial interests of a third party. The disclosure of information may lead to a detrimental impact on the commercial activities and revenue of Stonewall, as other public bodies may be less willing to engage in its services if detailed submission and feedback information were shown to be subject to disclosure. This would also be the case for members of Stonewall.

Disclosure would also allow competitors to gain a competitive advantage in providing measures and advice on the project of LGBTQ+ diversity and inclusivity in the workplace.

Therefore, on balance it is not in the public interest to disclose this information at this time.

4. Full details of any equality impact assessment you carried out connected with any of these applications (including any equality impact assessment carried out
prior to an earlier application of the same kind, if no further assessment was done).

NHSBT Response:
There has been no equality impact assessment carried out in respect of our applications with Stonewall. Stonewall is a body which highlights inequalities within the workplace around processes, policies and procedures and therefore the team responsible for the relationship concluded that an Equality Impact Assessment was not necessary.

Internal Review Response:
I am satisfied an Equality Impact Assessment is not held please see original response for reason why it was not carried out.

5. Details of the total amount of money you paid to Stonewall (i) in 2019; (ii) in
2020, whether or not as payment for goods or services.

NHSBT Response:
Stonewall membership renewal £2,500.00 (31/07/20) Stonewall membership renewal £2,500.00 (12/04/19)
Stonewall conference tickets £897.00 (01/04/19)

These costs are what NHSBT paid for its membership as well as a single one-off cost for conference attendance.

Internal Review Response:
I am satisfied that the information provided in the original response has satisfied the request.

6. Whether you intend to continue your membership of any Stonewall scheme in the future, and if so which.
NHSBT Response: Membership is reviewed annually as well as NHSBT’s application to enter the Workplace Equality Index.

Internal Review Response:
I am satisfied that the information provided in the original response has satisfied the request. There is no further information to provide.