Oseltamivir (Tamiflu)/Surgical Mask supplies
Dear Sir or Madam,
Could you please provide me with the amount of money allocated towards providing Oseltamivir (Tamiflu)by your department and the number of people this is capable of treating (assuming 75mg dose, twice daily for five days)?
Could you also please provide me with the amount of money allocated by your department towards providing surgical masks to the public in the event of a flu pandemic, and the number of masks this provides?
Please note that replies which involve attachments in proprietary file formats (such as PDFs, Word Documents and others) are not acceptable. A reply which is not in plain text format will be deemed to be a refusal to answer.
Yours faithfully,
Max Power
Mr Power
We have received your Freedom of Information request and I attach your
acknowledgement letter and a Public Information Leaflet.
John McCann
Information Management Branch
DHSSPS
Tel: 02890 528218
(If you are unable to open the documents we will send a hard copy if you
provide an address)
Dear McCann, John,
Please note my request not to have any documents sent to me in proprietary file formats. This includes the Word Documents you have attached. Please resend the contents of these files by email to me as plain text format.
Yours sincerely,
Max Power
Information Management Branch
FOI Unit, Room A.3.5b
Castle Buildings
Stormont Estate
BELFAST
BT4 3SQ
Tel: 028 905 23404
29th April 2009
Dear Mr Power
Request for Information: Freedom of Information Act 2000
Reference Number: 19640
Thank you for your request asking us to provide certain details regarding
money spent and availability of providing Oseltamivar and surgical masks etc.
Your request was received in this Department on 27th April 2009 and I am
arranging to have it processed under the terms of the above legislation.
The leaflet enclosed tells you about the legislation and the procedures which
will be followed in handling your request.
In some circumstances a fee may be payable but if that is the case I will let
you know the likely charges before proceeding.
If you have any queries about this letter, please contact the officer dealing
with your request, Stephanie Tallentire 02890 520784. You should quote the
reference number above in any future communications.
Yours Sincerely
John McCann
Information Management Branch
PUBLIC INFORMATION LEAFLET
The Freedom of Information Act 2000
Note: This guide is an overview of some of the main provisions of the Act
and should not be regarded as a legal interpretation.
1. What does the Freedom of Information Act do? The Freedom of
Information (FOI) Act 2000 gives everyone the right to request information
from public authorities. The FOI Act means that, from 1st January 2005, you
can get information to help you to understand better how this department
works, how we spend public money, and how and why we make our decisions.
2. You can also get information under:
* The Data Protection Act 1998 (DPA) which, amongst other things, gives
individuals access to their own personal information. The DPA applies to
private enterprise as well as public authorities.
* The Environmental Information Regulations 2004 (EIRs) which gives
people access to environmental information. EIRs apply to "environmental
information" held by organisations that perform functions of a public nature.
3. How do I get information about the Department of Health, Social
Services and Public Safety under the FOI Act? If you have access to the
Internet you can get information on the departmental website at
www.dhsspsni.gov.uk or visit www.onlineni.net for further information on
accessing the websites of all Northern Ireland Government departments.
Alternatively, you can write to us at FOI Unit, Room A3.5b, Castle Buildings,
Stormont Estate, Belfast BT4 3SQ.
4. How long does it take to get information? In most cases, a public
authority must respond to your request within 20 working days of receiving it
and, if it cannot, it will explain why and let you know when you will receive
a reply. The timescale can be extended where:
* A "qualified" exemption applies and we need to consider the public
interest.
* We are awaiting payment of a fee by you.
Sometimes we might need to contact you in order to clarify exactly
what information you are interested in. It will help us to process your
request more quickly if you can be as specific as possible about what
information it is you want. Please make sure that you provide us with your
name and address and a contact telephone number.
5. Is there a cost for getting information? This depends on a number of
factors including the volume of material requested. Responses to enquiries
that cost the department less than £600 to process will normally be provided
free of charge, although there may be a small charge for the costs of
photocopying, printing and postage. The department has the right to refuse
to respond to a request that is estimated to cost more than £600 to process
unless the request is for information covered by EIRs, in which case the
department has to process the request if you are prepared to pay the costs.
If the cost is greater than £600 and you agree to pay these costs the
department will normally provide you with the information once the fee has
been paid.
6. What happens if the information I want is not available? The FOI Act
does not require us to gather information that is not already there. But we
are required to assist you with your request. We will contact you and tell
you what information we do hold that might help to answer your query or
suggest another public authority who may hold the information you are looking
for.
7. Can I have any information at all? The FOI Act allows you access to
almost all information that a public body holds. But there are some things
that cannot be given to the public. For example, information about national
security, law enforcement or personal information - you can obtain your own
personal information through the DPA (see paragraph 2 above). Personal
information supplied by, or in relation to, third parties may be available in
certain circumstances. The Department is not obliged to send you information
that is already available elsewhere eg. in our publication scheme at
www.dhsspsni.gov.uk/foi/foi_main.asp (or you may request a copy of the
publication scheme by writing to us at FOI Unit, Room A3.5b, Castle
Buildings, Stormont Estate, Belfast BT4 3SQ.)
8. What if I am refused information? We will tell you if information is
being withheld and why. We will also tell you who you should contact to
request an internal review if you are not happy with our decision. And if you
are still not happy after the internal review you can request a review by the
Information Commissioner (see para 9 below). Please contact us first if you
are not happy with our response and tell us why you believe that we are
wrongly withholding information from you.
9. Where can I get more information about the FOI Act? You can get more
information about FOI from the Office of the Information Commissioner. The
Commissioner's details are:
Website: www.informationcommissioner.gov.uk
Phone: 01625 545 700
Email: [email address]
Post: Information Commissioner, Wycliffe House, Water Lane,
Wilmslow, CHES
Dear Sir
Please see below the response to your request for information dated 27th
April on Oseltamivir (Tamiflu)/Surgical Mask supplies.
As requested this is in plain text form.
Yours sincerely
Stephanie Tallentire
Local Information Manager
SL13
From: Population Health Directorate
BY EMAIL
Max Power
[FOI #11051 email]
Castle Buildings
Stormont Estate
BELFAST BT4 3SQ
Tel: 028 9052 0784
Fax: 028 9052 0535
Email: [email address]
Your Ref:
Our Ref: DH 56/09 19640
Date: 27th May 2009
Dear Mr Power
FREEDOM OF INFORMATION ACT 2000
I am writing to confirm that the Department of Health, Social Services and
Public Safety has now completed its search for the information you requested
on 27th April 2009. I wish to advise you that some of the information cannot
be disclosed for the reasons given in the annex attached to this letter.
You asked: "Could you please provide me with the amount of money allocated
towards providing Oseltamivir (Tamiflu) by your department and the number of
people this is capable of treating (assuming 75mg dose, twice daily for five
days)"?
The information which can be disclosed in relation to your request is as
follows:
The UK government as a whole has now spent over £500m on pandemic
preparedness since it began its planning programme. Northern Ireland, along
with the rest of the UK, has been preparing for a flu pandemic for the last
four years. Consistent with the UK planning assumptions and preparations at
a UK level, NI currently has stockpiles of antivirals capable of treating 50%
of the population within the recommended treatment guidelines. This is
currently being increased to a capacity to treat 80% of the population.
You also asked "Could you also please provide me with the amount of money
allocated by your department towards providing surgical masks to the public
in the event of a flu pandemic, and the number of masks this provides"?
There are currently no plans at UK level to provide facemasks to members of
the public.
The current policy is that surgical masks will only be provided to health and
social care workers. On the basis of current scientific evidence, the
general wearing of face masks in public places by those who do not have
influenza symptoms is not recommended and Government will not provide
facemasks for this use. Facemasks for health and social care staff have been
stockpiled and these are being increased.
The DHSSPS' policy on the use of facemasks and respirators is set out in the
Northern Ireland Contingency Plan for a Health Response for an Influenza
Pandemic. This document describes the Department's strategic approach to,
and preparations for, an influenza pandemic. The primary aim of this
document is to guide and support contingency planning and preparations for
pandemic influenza in health and social care organisations. It can be
accessed at:
http://www.dhsspsni.gov.uk/ni-contingenc...
a-pandemic.pdf
The NI policy reflects the agreed UK policy as outlined in the UK National
framework for responding to an influenza pandemic which can be found at
http://www.dh.gov.uk/en/Publicationsands...
licyAndGuidance/DH_080734
The underpinning scientific evidence base regarding pandemic influenza is set
out in the paper produced by the Scientific Advisory Group on Pandemic
Influenza, which is available at:
http://www.dh.gov.uk/en/Publicationsands...
licyAndGuidance/DH_077276
This should also be read in conjunction with the guidance on infection
control in an influenza pandemic, which is available at:
http://www.dh.gov.uk/en/Publichealth/Flu...
Applying basic infection control measures and encouraging compliance with
public health advice are likely to make an important contribution to the
pandemic response. This information can be found in the NI Contingency Plan
(as noted above). The focus of the public health messages on preventing the
spread of the virus focuses on: using disposable tissues to cover the mouth
and nose if one needs to cough or sneeze; binning these immediately; and then
washing hands with soap and hot water or a sanitiser handwash. This is the
basis of the recent UK public information campaign along with the phrase
Catch it Bin it - Kill it.
Further information can be found by following the links on the DHSSPS website
www.dhsspsni.gov.uk or on NI Direct website at
http://www.nidirect.gov.uk/index/health-...
The supply of information under the Freedom of Information Act does not give
the recipient or organisation that receives it the automatic right to re-use
it in any way that would infringe copyright. This includes, for example,
making multiple copies, publishing and issuing copies to the public.
Permission to re-use the information must be obtained in advance from the
Controller of HMSO who has responsibility for the licensing of Crown
copyright material. For further details on how to apply for a licence please
see: http://www.opsi.gov.uk/click-use/index.htm.
You have the right to request that the Department formally review this
decision within two calendar months of the date of this letter. If you wish
to do so, please write to Mrs Charlene McQuillan, Departmental Information
Manager, Room A.3.5b, Castle Buildings, Stormont, Belfast BT4 3SQ.
If after such an internal review you are still unhappy with the response, you
have the right to appeal to the Information Commissioner at Wycliffe House,
Water Lane, Wilmslow, CHESHIRE SK9 5AF, who will undertake an independent
review.
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
Stephanie Tallentire
Local Information Manager
Ref No: DHSSPS 56/ 2009 19640 Received on: 27/4/2009 Response due:
27/05/2009
Local Information Manager: Stephanie Tallentire
Telephone: 028 9052 0784
Email address: [email address]
Date and List of Relevant Records for DISCLOSURE.
Current policy on stockpiles of antivirals in the event of flu pandemic
Current policy on use of facemasks in the event of flu pandemic
Date and List of Relevant Records to be WITHHELD and Details of Exemptions
applied.
Amount of money allocated towards providing Oseltamvir (Tamiflu)
Section 43 (2) Information is exempt 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).
Section 43 is subject to the public interest balance - see public interest
considerations attached
PUBLIC INTEREST CONSIDERATIONS 26th May 2009
FOI request: DHSSPS 56/2009 19640
Could you please provide me with the amount of money allocated towards
providing Oseltamivir (Tamiflu) by your department and the number of people
this is capable of treating (assuming 75mg dose, twice daily for five days)?
Exemption - Section 43 (2) Information is exempt 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).
Test of Prejudice
There is a significant risk that the release of information in relation to
the cost of stockpiles coupled with other information in the public domain
could damage the commercial interests of both the procuring department and
the suppliers, and prejudice commercial negotiations both here and
potentially abroad.
This information is commercially sensitive to both the Department of Health,
who procure stockpiles on behalf of the whole of the UK, and to the
pharmaceutical companies who supply them.
The procurement of stockpiles of antivirals and facemasks is currently
ongoing at UK level and precise quantities to be disbursed across the regions
and associated costs have not been finalised. These procurements are subject
to full business case approval from HM Treasury.
The Public Interest
v Arguments for Disclosure to ensure:
* that there is transparency in the accountability of public funds;
* that there is proper scrutiny of government actions in carrying out
licensing functions in accordance with published policy;
* that public money is being used effectively, and that departments are
getting value for money when purchasing goods and services;
* that departments' commercial activities, including the procurement
process are conducted in an open and honest way; and
* that business can respond better to government opportunities.
v Arguments against Disclosure include:
* where disclosure would make it less likely that companies, or
individuals would provide the department with commercially sensitive
information in the future and consequently undermine the ability of the
department/agency to fulfil its role;
* where disclosure would be likely to prejudice the commercial
interests of the department by affecting adversely its bargaining position
during contractual negotiations which would result in the less effective use
of public money.
In weighing these arguments up account has been taken of the nature of the
prejudice to the commercial interest of both the procuring department and the
suppliers involved, including the likelihood and magnitude of the prejudice.
Consideration has also been given to whether there is an overriding public
interest in providing the information. On balance it is considered that the
exemption should apply.
Dear Sir or Madam,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Department of Health, Social Services and Public Safety (Northern Ireland)'s handling of my FOI request 'Oseltamivir (Tamiflu)/Surgical Mask supplies'.
I would like in particular (but not exclusively) a full justification of your decision to withhold the amount of money allocated towards providing Oseltamvir (Tamiflu) by your department. This is a concern which is undoubtedly in the public interest. I find your current reasoning wanting.
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/os...
Yours sincerely,
Max Power
Dear Mr Power
FREEDOM OF INFORMATION ACT 2000
Thank you for your email dated 27 May 2009.
I acknowledge receipt of your request for an internal review following the
Department's response to your request for information made under the Freedom
of Information Act 2000.
The internal review you have asked for relates to the decision by the
Department to withhold certain information in response to your request by
applying the exemption in section 43 of the Freedom of Information Act 2000
(commercial interests).
An internal review under the complaints procedure is normally conducted by
the Director of Personnel and Corporate Services. It is expected that the
internal review will be completed by 24 June 2009 but if this target date
cannot be met I will write to you again and explain the reason for the delay.
If you have any further queries please contact me.
Yours sincerely
Chris Matthews
Department of Health, Social Services & Public Safety
Information Management Branch
Castle Buildings
Stormont Estate
BELFAST BT4 3SQ
Phone: 028 90522387
Dear Mr Power
FREEDOM OF INFORMATION ACT 2000 - Internal Review
I am writing in response to your correspondence dated 27 May 2009 requesting
an internal review. Your correspondence was acknowledged on 10 June 2009.
I have reviewed the handling of your request and examined the relevant
information. Set out below is the outcome of my review.
Complaint
The internal review you requested, was to consider the decision by the
Department to withhold information relating to the amount of money allocated
towards providing Oseltamvir (Tamiflu) by the Department.
The information was withheld under section 43 (2) (commercial interests) of
the Freedom of Information Act 2000.
Review
Your request for information was received on 27 April 2009.
The Department's response, issued 26 May 2009, confirmed that the information
is exempt from disclosure. The exemptions applied and reasons for exemptions
were as follows:
* Section 43 (2) Information is exempt 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).
As Section 43 is not an absolute exemption a Public Interest Test was carried
out and it was decided that "there is a significant risk that the release of
information in relation to the cost of stockpiles coupled with other
information in the public domain could damage the commercial interests of
both the procuring department and the suppliers, and prejudice commercial
negotiations both here and potentially abroad."
I have considered the application of the exemption in this case and the
Public Interest Test in relation to section 43. My findings are as follows:
Section 43
* I have considered the information and concluded that section 43 has
been correctly applied. It is my view that 43 (2) applies as disclosure of
this information 'would, or would be likely to, prejudice the commercial
interests of any person (including the public authority holding it).
* However, public interest considerations must be taken into account
when applying the exemption, such as informing public debate on certain
issues and keeping the public informed.
* Whilst this information may be of interest to some members of the
public, the Department has a duty to protect the release of information, if
such release would, or would be likely to prejudice the commercial interest
of both the procuring department and the suppliers involved, including the
likelihood and magnitude of the prejudice. In this case, it is my view that
on balance the case for non-disclosure outweighs the case in favour of
disclosure.
Summary
I am satisfied that the section 43 exemption has been properly applied and
that the public interest considerations in the disclosure of the information
have been properly taken into account. Therefore, I am satisfied that the
refusal to disclose the requested information is correct.
Completion of Internal Review
The internal review procedure has been completed. If you have any queries
about this letter, please contact me at the address above. Please remember
to quote the reference number above in any future communications.
If you are not content with the outcome of the internal review, you have the
right to apply directly to the Information Commissioner for a decision. The
Information Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Chris Matthews
Department of Health, Social Services & Public Safety
Information Management Branch
Castle Buildings
Stormont Estate
BELFAST BT4 3SQ
Teephone : 028 90 522387
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