Details of goods or services procured from TNS UK Limited: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


FOI reference: FOI/18/03147  
Date received: 25 October 2018
Date responded: 5 December 2018
 
Information requested
 
Details of goods or services the social security directorate and Social Security Scotland has procured from TNS UK Limited t/a TNS BMRB, and reports produced from that work.
 
Response
 
I enclose a copy of some of the information you requested. The attached Statement of Work outlines the details of the services procured.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under section s.27(1) (Information intended for future publication), s.33(1)(b) (Commercial interests) and s.38(1)(b), (Personal data relating to third party) of FOISA applies to some of that information. The reasons why these exemptions apply are explained below.
 
Reasons for not providing information
 
An exemption applies.
An exemption under section s.25, Information otherwise accessible, of FOISA
applies to some of the information you have requested. This disclosure exempts information from disclosure where the requester can reasonably obtain the information without making a request for it. In this case, the information is contained within documents accessible at https://www.gov.scot/publications/social-security-experience-panels-branding-wording/
This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
 
An exemption applies
An exemption(s) under section(s) s.38(1)(b), (Personal data relating to third party) of FOISA applies to some the information you have requested. These are the names of individuals involved in delivering the work covered and details of service users interviewed for the work covered in your request.
This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.
 
An exemption applies, subject to the public interest test
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because it pertains to the work of Social Security Scotland. However, this is outweighed by the public interest in publishing the information at a date previously advised to interested stakeholders and parties, and that the planned publication date is imminent.
 
An exemption applies, subject to the public interest test
An exemption under section s.33(1)(b) (Commercial interests) of FOISA applies to some of the information you have requested. This relates to the commercial fees and fee schedule being paid to the supplier.
This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.
We recognise that there is some public interest in release because public money is
involved. However, this is outweighed by the public interest in allowing private companies to compete for public sector work and structure fees to obtain competitive advantage and ultimately value for money. Disclosing fees could discourage companies for bidding for government work that is carried out for the public interest.
 
About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
 
foi-18-03147 Information requested

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 

The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG

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