FOI 2025/1384

I would like to make a FOI request for the following information:
1. I would like the agenda, attendees and minutes for all meetings of the NHS Greater Manchester Primary Care Commissioning Committee.
I would like this request to apply from the inception of this Committee. I would like the information to include all parts of the meetings e.g. “part 2”
2. If this committee was previously known by any previous name then please provide that name and the date this applied.

1. The agenda, attendees, and minutes for the NHS Greater Manchester (NHS GM) Primary Care Commissioning Committee are available on the ICB website Meetings/Events | Greater Manchester Integrated Care Partnership from December 2024 onwards.
Please find below, agendas and minutes from meetings that have taken place July 2022 to October 2024. Please note, the minutes of each meeting include a record of the attendees.

**PDF documents were sent to the requester with this response.  If you require a copy of the full response, together with the attachments, please contact NHS GM’s FOI team – nhsgm.foi@nhs.net.**

2. NHS Greater Manchester Primary Care Commissioning Committee Part 2 agendas, attendees and minutes are restricted due to these holding personal or commercially sensitive information and are therefore considered exempt by virtue of the following exemptions.
Section 40(2) – Personal information
This exemption covers the personal data of third parties (anyone other than the requester) where complying with the request would breach any of the principles in the UK GDPR.
I can confirm that NHS Greater Manchester does hold a list of the attendees for the NHS Greater Manchester Primary Care Commissioning Committee Part 2 meeting. However, this information is exempt from disclosure under section 40 (2) of the Freedom of Information Act 2000 as it constitutes personal data where disclosure would be in breach of the Data Protection Act 2018.
As section 40 (2) is an absolute exemption there is no duty to consider disclosure in the public interest. They are set out in Part II of the Freedom of Information Act 2000
Section 41(1) – Information Provided in Confidence

Section 41 of the FOIA states: “(1) Information is exempt information if— (a) it was obtained by the public authority from any other person (including another public authority), and (b) the disclosure of the information to the public (otherwise than under this Act) by the public authority holding it would constitute a breach of confidence actionable by that or any other person. (2) The duty to confirm or deny does not arise if, or to the extent that, the confirmation or denial that would have to be given to comply with section 1(1)(a) would (apart from this Act) constitute an actionable breach of confidence.”
This exemption applies to information which has been provided in confidence to a public authority. For NHS GM to use this exemption, the Act requires that:
· The information must be obtained by the public authority from another person (outside of NHS GM) and.
· Disclosure of the information to the public would constitute a breach of confidence, actionable by that person.
The conditions for an actionable breach of confidence to be established would require that the information has a ‘quality’ of confidence (i.e. it is confidential in nature and not widely known) and that it has been imparted in circumstances that suggest there is a ‘obligation’ of confidence upon the receiver, or an expectation given to the provider of that information that it would be treated as confidential.
Section 43(2) – Trade Secrets and Prejudice to Commercial Interests
The Freedom of Information Act 2000 states: “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)”.
In this instance, disclosure of the information would be likely to prejudice the commercial interests of NHS GM. This exemption is subject to the public interest test and for the reasons outlined below we are satisfied that the exemption applies.
Public interest test
There is an inherent public interest in ensuring that there is openness and transparency in the spending of public money. Transparency is likely to increase confidence in procurement processes and the purchasing decisions made by NHS GM. It also enables the public to understand whether NHS GM is getting value for money from its purchasing decisions.
However, we believe that disclosure of information could prejudice the current or future negotiating capabilities of NHS GM, furthermore, the release of information would prejudice the commercial interests of provider/potential providers as it could provide competitors with insights which would undermine the integrity of the procurement processes and fair competition when bidding for services.
After considering the arguments outlined above, NHS GM have decided to withhold this information.