GPs Covid-19 contract (FOI)

Request

The Jersey Sports and Spinal Clinic is a tenant of The Island Medical Centre. We are led to believe that the agreement signed between GPs and Health for the funding of GP costs during the COVID crisis included a clause that specifically prevented GP surgeries charging lessees during the contracted period. The Jersey Sports and Spinal Clinic has been charged full rent in this period and is looking to ascertain if this assertion is correct.

Please can I have a copy of the agreement signed by Health and the GPs.

Response

The Agreement signed between GPs and Health for the funding of GP costs during the COVID crisis does not include a clause that specifically prevented GP surgeries charging lessees during the contracted period.

Sections of the Agreement would be categorised as commercially sensitive and would fall within the remit of Article 33 (Commercial Interests) of the Freedom of Information (Jersey) Law 2011. Where an Article 33 (Commercial Interests) exemption is applied, it is best practice for the parties to the Agreement - in this case all GP’s - to be contacted for their views on disclosure of the Agreement.

The requestor is asked to confirm their agreement to their full Freedom of Information request being shared with all GP’s should they require a copy of the Agreement.

Article applied

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).

Prejudice / public interest test

Article 33 (b) allows an authority to refuse a request for information where its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information). Whilst we accept that the public may have an interest in the agreement between the Government of Jersey and GPs, certain terms of the contract are commercially sensitive and disclosure would likely prejudice the commercial interests of the parties.