Freedom of information requests

Data for NHS waste management net zero agenda

Questions

1. The amount of waste generated within the last year for each of the below categories:
2. The amount of waste Spend within the last year for each of the below categories:
3. Contract Start Dates for:
4. Contract End Dates for:
5. Waste Company who holds the current contract
6. Name and Contact Details for the Waste Manager associated to the Trust
7. Name and Contact Details for the Sustainability Lead associated to the Trust.
8. Name and Contact Details for the Procurement Lead associated to the Trust.
9. Name and Contact Details for the Infection Prevention Control Lead associated to the Trust.
10. Do the Trust have a reusable sharps solution in place to reduce the amount of single use plastic that is incinerated in traditional practices?
11. Are there any onsite treatment facilities located on Trust premises which would mitigate the need for ensuing carbon footprint through the road miles that it takes to take the waste away?

Response

The Trust does hold the amount of waste spending within the last year by our Trust. However, we are withholding this information, under exemption 43 (commercial interests) of the Freedom of Information Act: The Information is exempt information 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(2) (Commercial Interests)

The Trust considers the amount waste spending provided is commercially sensitive in nature. This information could be used by competitors to gain a significant unfair advantage when products are put out to re-tender.

Section 43(2) is a qualified exemption and is subject to the public interest test. This means that not only does the information have to prejudice one of the purposes listed, but before the information can be withheld, the public interest in preventing that prejudice must outweigh the public interest in disclosure.

Public Interest Test

Considerations in favour of disclosure:

• The public need to know that we are spending public money wisely and getting best value, without fear or favour.
• The need for public authorities to be transparent in their dealings.

Considerations against disclosure:

• Disclosing this information would likely give the provider organisations competitors a significant unfair advantage during re-procurement of the products..
• It could weaken the Trust’s position as potential companies would not have confidence that the Trust would keep sensitive financial data private.
• This could prejudice the Trust’s ability to obtain best price and value.
• It could reduce pricing innovation in tendering parties’ bids when the service is put out for re-procurement.
• The inherent public interest in avoiding prejudice to the provider organisation and the Trust.
• Releasing the information in Schedule 3(a) would likely result in prejudice to the commercial interests of the provider organisation.

 

Conclusion:

The Trust recognises that there is a public interest in the disclosure of information which facilitates the accountability and transparency of public bodies for decisions taken by them. However, there is also a public interest in the Trust being able to work within competitive markets where that results in a financial or resource benefit which is put to the wider public interest. Having undertaken the balancing exercise, the Trust has concluded that the public interest in maintaining the exemption outweighs the public interest in disclosing the requested information having regard to the effect that the disclosure of the information would not be in the public interest.

Given that the definition of ‘public’ under the Act is considered to be the public at large, rather than just the individual applicant or a small group of people and that ‘public interest’ is not necessarily the same as what interests the public, it is considered that to release this sensitive information into the public domain is likely to result in prejudice to the commercial interests of both the Trust and the supplier organisation which is not outweighed by the wider public interest for disclosure.

1. Type of Waste	Amount of waste generated (Tonnes)
   General	2,032.44
   Recycling	940.24
   Food Waste	12.83
   Confidential	Included in recycling
   High Temperature Incineration (clinical)	748.82
   Alternative Treatment (clinical)	3,396.72
   Offensive (clinical)	0

2. Type of Waste	Amount of waste spend (£)
   General	Exempt under S43(2) of FOIA
   Recycling
   Food Waste
   Confidential
   High Temperature Incineration (clinical)
   Alternative Treatment (clinical)
   Offensive (clinical)

3. Type of Waste	Contract Start Date
   General	1 April 2021
   Recycling	1 April 2021
   Food Waste	1 April 2021
   Confidential	Included in recycling
   High Temperature Incineration (clinical)	1 April 2019
   Alternative Treatment (clinical)	1 April 2019
   Offensive (clinical)	1 April 2019

4. Type of Waste	Contract End Date
   General	31 March 2026
   Recycling	31 March 2026
   Food Waste	31 March 2026
   Confidential	Included in recycling
   High Temperature Incineration (clinical)	31 March 2025
   Alternative Treatment (clinical)	31 March 2025
   Offensive (clinical)	31 March 2025

5. Type of Waste	Name of the Company
   General	Veolia UK
   Recycling	Veolia UK
   Food Waste	Veolia UK
   Confidential	Included in recycling
   High Temperature Incineration (clinical)	Stericycle, Inc.
   Alternative Treatment (clinical)	Stericycle, Inc.
   Offensive (clinical)	Stericycle, Inc.

6. John McElhoney, Head of Facilities Contracted Services

   Staff email addresses follow the format: Firstname.Surname@uhb.nhs.uk

   All staff are contactable via the Trust’s switchboard: 0121 371 2000 or 0121 424 2000

   Please note, under the Privacy and Electronic Communications Regulations (PECR) it can be unlawful to send electronic mail marketing to individuals unless:

   • recipients have specifically consented, preferably via an opt-in, or
   • recipients are an existing customer who has bought a similar product or service from you in the past, and you give them a simple way to opt out of receiving your electronic marketing in every message you send.

    

   When contacting via email, you must not disguise or conceal your identity and must provide a valid contact address so recipients can opt out or unsubscribe.

7. Kawun Williams, Head of Sustainability Strategic Development

   Staff email addresses follow the format: Firstname.Surname@uhb.nhs.uk

   All staff are contactable via the Trust’s switchboard: 0121 371 2000 or 0121 424 2000

   Please note, under the Privacy and Electronic Communications Regulations (PECR) it can be unlawful to send electronic mail marketing to individuals unless:

   • recipients have specifically consented, preferably via an opt-in, or
   • recipients are an existing customer who has bought a similar product or service from you in the past, and you give them a simple way to opt out of receiving your electronic marketing in every message you send.

   When contacting via email, you must not disguise or conceal your identity and must provide a valid contact address so recipients can opt out or unsubscribe.

8. Simon Clarke, Managing Director Procurement

   Staff email addresses follow the format: Firstname.Surname@uhb.nhs.uk

   All staff are contactable via the Trust’s switchboard: 0121 371 2000 or 0121 424 2000

   Please note, under the Privacy and Electronic Communications Regulations (PECR) it can be unlawful to send electronic mail marketing to individuals unless:

   • recipients have specifically consented, preferably via an opt-in, or
   • recipients are an existing customer who has bought a similar product or service from you in the past, and you give them a simple way to opt out of receiving your electronic marketing in every message you send.

    

   When contacting via email, you must not disguise or conceal your identity and must provide a valid contact address so recipients can opt out or unsubscribe.

9. Caroline Smith / Sarah Wilkes – Lead Infection Prevention and Control Nurse

   Staff email addresses follow the format: Firstname.Surname@uhb.nhs.uk

   All staff are contactable via the Trust’s switchboard: 0121 371 2000 or 0121 424 2000

   Please note, under the Privacy and Electronic Communications Regulations (PECR) it can be unlawful to send electronic mail marketing to individuals unless:

   • recipients have specifically consented, preferably via an opt-in, or
   • recipients are an existing customer who has bought a similar product or service from you in the past, and you give them a simple way to opt out of receiving your electronic marketing in every message you send.

    

   When contacting via email, you must not disguise or conceal your identity and must provide a valid contact address so recipients can opt out or unsubscribe.

10. Yes
11. Yes