GBH Condition of External Walls Report - FOI Response Register

Good morning,

With reference to the following news article regarding the NHS Shetland board’s approval of £10m to carry out urgent repairs to the Gilbert Bain Hospital, I would like to request a copy of the 180 page report detailed within the article.

Please find NHS Shetland’s response to your request attached. NHS Shetland has applied the following exceptions -

• Reg 10(5)(a) – “A Scottish public authority may refuse to make environmental information available to the extent that its disclosure would, or would be likely to, prejudice substantially–

1. international relations, defence, national security or public safety;”

NHS Shetland considers that this exception applies for public safety reasons to the detailed plans of the GBH rooms. The exception should be balanced against the public interest in disclosure and in the ESIR (as with FOISA) there is a presumption in favour of disclosure. NHS Shetland considers that the level of detail in the plans, including that of critical infrastructure (electrical, ventilation, water) would present an increased security risk and so the public interest in applying the exception outweighs the public interest in disclosure.

In reaching this decision, NHS Shetland also factored in that the information included in the plans is not essential to understanding the report and is not the focus of the applicant’s request.

• Reg 11(2) – Third party personal data.

NHS Shetland has applied to names and contact details of Mott MacDonald staff and to photos where people are identifiable. We have also redacted signatures from the Sandberg report.

NHS Shetland has determined that the exception applies as disclosure of the information would breach the data subjects’ confidentiality.

This exception is absolute and so no balancing against the public interest in disclosure is necessary.

GBH Condition of External Walls Report