Holt Medical Recruitment Limited contract (FOI)

​​​​Request

Please provide a copy of the master vendor contract for the supply of locum agency services between the Government of Jersey and Holt Medical Recruitment Limited.

Response

A copy of the requested contract for Locum medical services between the Government of Jersey and Holt Medical Recruitment Limited is attached.

Holt Contract_Redacted.pdf

Redactions have been made to the contract in consideration of Freedom of Information legislation to protect the privacy of individuals, and to protect the commercial interests of the Government of Jersey and / or others from prejudicial impact. Redactions have been colour coded for ease of reference, as follows:

Yellow - Personal Information of named individuals, with the exception of Government of Jersey employees in Tier 1 or 2 – Article 25 of the Freedom of Information (Jersey) Law 2011

Green - Commercial Interests – Article 33 of the Freedom of Information (Jersey) Law 2011

Articles applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Article 33 - Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public Interest Test

Article 33 is a qualified exemption and as such, Health and Community Services (HCS) has conducted a prejudice test as required by law. 

When responding to requests of this nature, HCS has to balance the public interest with the impact that disclosing this information would, or would be likely to, have upon the organisation and / or third parties. Whilst it may be in the public interest to understand the costs of contracting services, protecting the commercial interests of HCS  is an essential component in controlling public finances, which in itself is in the public interest.

It has been concluded that disclosing details of the contractual service arrangements - including rates of pay, contract values, and details relating to insurance and indemnity coverage - is likely to prejudice the commercial interests of HCS and / or the provider. When considering the application of this exemption, HCS has determined that whilst it is in the public interest to disclose information, this is outweighed by the necessity to limit any impact on the commercial interests of HCS and third parties in future contract negotiations, and as such, Article 33 has been applied.​​