Freedom of Information Act 2000 - Request Reference FoI/18/348
Pharmacy Payments
Request Details
Please provide details of payments made to pharmacies for locally commissioned NHS or
private services, for example smoking cessation, emergency hormonal contraception,
supervised consumption of medicines, & needle exchange services. Please provide this in
spreadsheet(s) format, with a breakdown by pharmacy (name and address), month, service,
and payment, (if you also have the ODS code identifier for the pharmacy, then please kindly
include this also). If possible, details of the most recent 12 months’ worth of payments.
Response Details
After considering your request, Cardiff and Vale University Health Board (the UHB) considers
this information to be exempt from disclosure under the Freedom of Information Act 2000
(Section 43) Commercial Interests. This section of the Act sets out an exemption from the
right to know if:
the information requested is a trade secret, or
release of the information is likely to prejudice the commercial interests of any
person. (A person may be an individual, a company, the public authority itself or any
other legal entity).
This exemption was considered by the UHB when deciding whether to disclose information
because it considered that doing so there could be a significant risk in prejudicing the
commercial interests of the company in question. As this is a qualified exemption, the UHB
is required to complete a public interest test in deciding whether it is in the public’s interest
to withhold or disclose the information.
In favour of disclosure: There is a public interest in transparency and in the accountability of
spending of public funds. Furthermore, it is in the public’s interest that public funds be used
effectively and that public sector bodies obtain the best value for money when contracting
for the provision of services.
Against disclosure: There is a risk of disclosure prejudicing the commercial interests of the
UHB by affecting its bargaining position with agencies. This in turn could lead to less
effective use of public funds in future. It has been established above that releasing the
information under the Freedom of Information Act, to which the UHB is subject, will give an
unfair advantage to the supplier’s competitors. The UHB believes that there is wider
established public interest in companies not being prejudiced merely because they have
contracted with a public sector body (as upheld in ICO decision notice FS50473543 ICO v
Royal Marsden Hospital Trust).
Decision: The UHB considers that the public interest in withholding the information is
greater than the interests in disclosing it and thereby giving unfair commercial advantage to
competitors of the supplier to which this information concerns. The UHB believes that
disclosure of information in a manner which fails to protect the interests and relationships
arising in a commercial context could have the effect of discouraging companies from
dealing with the Health Board because of fears that the disclosure of information could
damage them commercially. In turn this could then jeopardise the Health Board’s ability to
compete fairly and pursue its function to bring forward development in the area and obtain
value for money. It was therefore decided that it was not in the public’s interest to disclose
this information.
Whilst the UHB will not disclose individual contractor data, in fulfilling our Section 16
obligation, the duty to provide advice and assistance, I would like to make you aware of UHB
data for each enhanced service that exists within the public domain. I have provided the
following link for your convenience.
http://www.primarycareservices.wales.nhs.uk/enhanced-advanced-services-claims-necaf
However, please also be aware that the UHB does not hold information relating to private
services.
