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Decision Summary

  • Case Ref: FS50196759
  • Date: 10 November 2009
  • Public Authority: Department of Health
  • Summary: The complainant requested a number of pieces of information regarding the consultation document, ‘Arrangements under Part IX of the Drug Tariff for the Provision of stoma and incontinence appliances – and related services – to Primary Care. Revised Proposals. Clarifications.’ The Department of Health (the “DoH”) provided some information, but withheld the rest, citing sections 21, 41 and 43(2). The complainant complained to the Commissioner in regard to the DoH’s use of sections 41 and 43(2), and also queried whether it held further information. During the investigation of the case the DoH disclosed some of the previously withheld information. However, it continued to withhold some information under sections 41 and 43(2). It also informed the Commissioner that it was seeking to rely upon sections 40(2) and 40(3)(a)(i) to withhold some of the information. After investigating the case the Commissioner decided that the information was exempt from disclosure under sections 41, 40(2) and 40(3)(a)(i). However, the Commissioner also found that the DoH had not met the requirements of sections 10 and 17.
  • View PDF of Decision Notice: [1]