Freedom of information requests

Use of Fibrin product

Questions

1. Does your organisation use Fibrin Sealants or Fibrin Glues?

2. If so, how much did your organisation spend on Fibrin products between the period of 01/01/2023 to 31/12/2023?

3. If your organisation used any Fibrin products between the period 01/01/2023 to 31/12/2023, which brand(s) did you use? To make your research easier, I have listed all commonly used Fibrin products that you can cross reference:

4. How many units of each brand did you use?

Response

The Trust does hold the information you have requested however we are withholding some of it for the reasons given below.

 

Commercial Sensitivity

 

Section 43 of the Freedom of Information Act 2000 (FOIA) provides,

“(2) 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).”

 

A commercial interest relates to a person’s ability to participate competitively in a commercial activity, with the underlying aim being to make a profit. The information you have requested is commercial information and in order to apply section 43(2), the Trust must satisfy itself that disclosure of the information would, or would be likely to, prejudice or harm the commercial interests of any person (including the Trust).

 

Disclosure of costs as requested along with further details provided below would be likely to prejudice the commercial activities of our named contractors.

Therefore S43 (2) of the FOIA is engaged as disclosure of the information requested would be likely to prejudice the commercial interests of the Trust’s contractors.

 

The Public Interest Test

 

Public interest in maintaining the exemption.

 

Disclosing this information could:

• Cause unwarranted reputational damage to the Trust. Companies would not have confidence that the Trust would keep sensitive financial data private.
• Prejudice the commercial interest in the Trust’s ability to obtain best price and value.
• Prejudice the company’s ability to negotiate fairly with other clients.
• Reduce pricing innovation in tendering parties’ bids when the contract is put out for re-procurement.

 

Public interest in disclosing the information.

 

Public authorities should be transparent in their dealings in order that the public can be assured that public money is being spent wisely and best value is being sought without fear or favour.

 

The balancing exercise

 

In this instance the Trust feels the balance of public interest lies in withholding details of spend.

1. Yes
2. Exempt under 43 of FOIA

3. Brand	Use of Fibrin Products
   Tisseel	Yes
   Artiss	Yes
   Evicel	No
   Vistaseal	No
   ReliSeal	No
   FloSeal	No
   Celstat	No

4. Brand	Units Used
   Tisseel	66
   Artiss	8