Further to my letter of 17 May 2011, I am now in a position to respond to your request for information set out in your letter of 13 May 2011, which was for:
Copies of the Wales Audit Office local reports for Health Boards (all except Powys), Public Health Wales and Velindre NHS Trust on the consultant contract (pay modernisation: consultant contract benefit realisation study).
We intend to publish all the reports that you request. Consequently, the reports fall within the exemption provided by section 22 of the Freedom of Information Act 2000 (FOIA). While disclosure is in the public interest, this will be met by publication. At the same time, it is in the public interest for the Wales Audit Office to be able to properly prepare reports for publication on our website. This involves, among other things, translating each report into Welsh in the interest of treating the English and Welsh languages equally. I have determined that the public interest in allowing proper preparation, including bilingual publication, outweighs the public interest in immediate disclosure, and I am therefore maintaining the exemption and not providing the reports to you in response to your request.
I also understand that you have already received the requested reports from Abertawe Bro Morgannwg University Health Board, Aneurin Bevan Health Board, Cardiff and Vale University Health Board and Hywel Dda Health Board. Reports that are available to you by other means fall within the exemption provided by section 21 of the Freedom of Information Act 2000 (FOIA), and I am not obliged to provide them to you in response to your request.
If you wish to complain about my handling of your request, please email or write to me.
I must also refer you to section 50 of the Freedom of Information Act under which you may apply to the Information Commissioner for a decision on whether or not your request has been dealt with in accordance with the Act. The Information Commissioner's contact details are:
Information Commissioner's Office
Cheshire SK9 5AF
email : email@example.com
Tel: 01625 545745
Fax: 01625 524510
You should note, however, that the Information Commissioner would normally expect you to have exhausted our internal complaints procedures before dealing with such an application. Further guidance may be found on the Information Commissioner's website http://www.informationcommissioner.gov.uk.
Please do not hesitate to contact me if you have any queries.