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Health body to reveal key papers Health body to reveal key papers
(about 3 hours later)
NHS Lothian has been ordered to disclose full details of the £184m contract to build and run the new Royal Infirmary of Edinburgh.NHS Lothian has been ordered to disclose full details of the £184m contract to build and run the new Royal Infirmary of Edinburgh.
The Scottish Information Commissioner rejected NHS Lothian's claim that the details were confidential.The Scottish Information Commissioner rejected NHS Lothian's claim that the details were confidential.
Commissioner Kevin Dunion said it raised concerns that contracts involving millions of pounds of public money were not being properly recorded.Commissioner Kevin Dunion said it raised concerns that contracts involving millions of pounds of public money were not being properly recorded.
The health board said it would seek to comply with the order.The health board said it would seek to comply with the order.
The hospital was financed through the Private Finance Initiative.The hospital was financed through the Private Finance Initiative.
It was built by the Consort Healthcare Consortium - made up of Balfour Beatty Construction, Morrison Development and The Royal Bank of Scotland.It was built by the Consort Healthcare Consortium - made up of Balfour Beatty Construction, Morrison Development and The Royal Bank of Scotland.
Mr Dunion told BBC Radio Scotland's Good Morning Scotland programme that he had spent two years trying to obtain the information from NHS Lothian.Mr Dunion told BBC Radio Scotland's Good Morning Scotland programme that he had spent two years trying to obtain the information from NHS Lothian.
You simply can't assume that there is such a thing as confidentiality under the Freedom of Information Act Kevin DunionScottish Information CommissionerYou simply can't assume that there is such a thing as confidentiality under the Freedom of Information Act Kevin DunionScottish Information Commissioner
He said NHS Lothian had failed to provide detailed justification for withholding the information requested.He said NHS Lothian had failed to provide detailed justification for withholding the information requested.
The health board did not specify which parts of the contract, which runs to thousands of pages, it wanted to be kept confidential and why.The health board did not specify which parts of the contract, which runs to thousands of pages, it wanted to be kept confidential and why.
Mr Dunion said: "NHS Lothian sort to withhold all of these contracts with Consort Healthcare Consortium by claiming it was confidential."Mr Dunion said: "NHS Lothian sort to withhold all of these contracts with Consort Healthcare Consortium by claiming it was confidential."
The commissioner said he asked the health board to justify this position several times but it failed to do so other than saying Consort did not want the information released.The commissioner said he asked the health board to justify this position several times but it failed to do so other than saying Consort did not want the information released.
"Eventually I decided that the whole contract should be released," Mr Dunion said."Eventually I decided that the whole contract should be released," Mr Dunion said.
He added: "This is a wake-up call to all of those entering into contracts to say that you simply can't assume that there is such a thing as confidentiality under the Freedom of Information Act.He added: "This is a wake-up call to all of those entering into contracts to say that you simply can't assume that there is such a thing as confidentiality under the Freedom of Information Act.
"Information will be disclosed unless there is good reason not to disclose it.""Information will be disclosed unless there is good reason not to disclose it."
The commissioner said he was concerned that contracts involving public money in Scotland were not being properly scrutinised.The commissioner said he was concerned that contracts involving public money in Scotland were not being properly scrutinised.
Commercially confidentialCommercially confidential
He said NHS Lothian turned up a further 5,000 pages of the contract during the course of his investigation which he said had "seemed to have escaped its attention".He said NHS Lothian turned up a further 5,000 pages of the contract during the course of his investigation which he said had "seemed to have escaped its attention".
Mr Dunion also said the board had incorrectly claimed the cost of providing the information would be excessive.Mr Dunion also said the board had incorrectly claimed the cost of providing the information would be excessive.
The hospital officially opened in January 2003 and is rented back to NHS Lothian, which is charged for the running costs.The hospital officially opened in January 2003 and is rented back to NHS Lothian, which is charged for the running costs.
NHS Lothian published some details of the £184m contract, but refused others on the grounds that they were commercially confidential.NHS Lothian published some details of the £184m contract, but refused others on the grounds that they were commercially confidential.
The release of information came after campaigner, May Docherty, appealed against that to the commissioner.The release of information came after campaigner, May Docherty, appealed against that to the commissioner.
John Matheson, director of finance, at NHS Lothian, said the health board would be complying with this decision and releasing the details of this contract as soon as possible.John Matheson, director of finance, at NHS Lothian, said the health board would be complying with this decision and releasing the details of this contract as soon as possible.
He said: "We work in partnership with our private sector partners Consort, who operate the Royal Infirmary of Edinburgh, and it was however felt by them to be inappropriate to release financial details for reasons of commercial confidentiality.He said: "We work in partnership with our private sector partners Consort, who operate the Royal Infirmary of Edinburgh, and it was however felt by them to be inappropriate to release financial details for reasons of commercial confidentiality.
"We have been open in our dealings over this PFI contract, which we were able to renegotiate earlier this year, creating substantial benefits for patients and generating cash savings of £32m over its remaining lifespan.""We have been open in our dealings over this PFI contract, which we were able to renegotiate earlier this year, creating substantial benefits for patients and generating cash savings of £32m over its remaining lifespan."
A statement from Consort Healthcare said it was aware of the decision and would co-operate with its partners to satisfy the commissioner's requirements.A statement from Consort Healthcare said it was aware of the decision and would co-operate with its partners to satisfy the commissioner's requirements.
Lothians SNP MSP Shirley-Anne Somerville said: "I welcome the decision by the Information Commissioner. I do not believe we can have public bodies hiding behind the excuse of commercial confidentiality."