Freedom of information requests

Contract details of various IT System (Laboratory Information Management System, Maternity Information System, Oncology Information System)

Questions

1. Which pathology network are you a part of?
2. Do you have a LIMS (Laboratory Information Management System)? If yes,
3. Do you have a MIS (Maternity Information System)? If yes,
4. Do you have an OIS (Oncology Information System)? If yes,

Response

The Trust does hold the value and annual spending figures for various systems for 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 value and annual spending figures for various systems 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. BSOL

2. Yes
   a. Which supplier? Dedalus
   b. What is the system name? Telepath
   c. When was it installed? 30 years ago
   d. When does the contract expire? 31 March 2026
   e. Do you currently have plans to replace the system? Yes, and the contract has already been awarded.
   f. What procurement framework do you use? Open procurement
   g. What is the total value of the contract? Exempt under S43 of FOIA
   h. What is the annual spend on LIMS? Exempt under S43 of FOIA
   
3. Yes
   a. Which supplier? System C
   b. What is the system name? Badgernet
   c. When was it installed? More than 5 years ago
   d. When does the contract expire? 31 March 2025
   e. Do you currently have plans to replace the system? No not at the present.
   f. What procurement framework do you use? Procurement procedures and frameworks will be followed as appropriate at the time of renewal.
   g. What is the total value of the contract? Exempt under S43 of FOIA
   h. What is the annual spend on MIS? Exempt under S43 of FOIA
   
4. Yes
   a. Which supplier? Bookwise
   b. What is the system name? Bookwise Oncology
   c. When was it installed? More than 10 years ago.
   d. When does the contract expire? 31 March 2025
   e. Do you currently have plans to replace the system? No not at the present.
   f. What procurement framework do you use? Procurement procedures and frameworks will be followed as appropriate at the time of renewal.
   g. What is the total value of the contract? Exempt under S43 of FOIA
   h. What is the annual spend on OIS? Exempt under S43 of FOIA