FOI 2015/70 John Cassidy LAYA

“Any information provided by the Department of Health to the Central Bank of Ireland to assist it in its understanding of the interaction between the private health insurance market and the health system in the period of 1st May 2014 to 19th February 2015”.

Record No. / Date / To / From / Subject / No. of pages / Release/Non-Release / Reason for Decision
1. / 6th August 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email attaching 2013 HIA report “Final Report to the Minister on risk equalisation credits in 2014” and attachments / 1 page email, 81 page report, 1 page attachment, 2 page attachment / Release email (personal information redacted)
Release redacted version of report; Refuse attachments
(Report redacted under Section 36 commercially sensitive information): Redacted version of report publicly available on Department’s web-site: / Section 36:
“36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Report part-released: redacted under Section 36 commercially sensitive information
Attachments refused under Section 36
Public interest test factors against release:
That a person or company concerned not be unduly impeded in the effective pursuit of its business;
There is a public interest in an agency being able to make informed decisions in the course of carrying out its functions and in being able to maintain the confidentiality of their deliberative process in some circumstances, particularly where those deliberative processes relate to ongoing negotiations.
Public interest test factors in favour of release:
There is a serious interest by community;
There is a public interest test in enhancing the accountability of government;
Maximum openness, transparency, accountability and value for money in the use of public funds;
Public interest in the operations of the Government and FOI bodies begin transparent
2. / 12th August 2014 / Central Bank / Patsy Carr, Department of Health / Letter and attachments
2009-2011 assessment of overcompensation in the Irish market (Redacted version published by HIA)
2010-2012 assessment of overcompensation in the Irish market
Forward looking benchmark estimates for reasonable profit (Dec 2012)
HIA report 2014 re market data for July-Dec 2013 / 1 page letter, 30 page attachment; 29 page attachment; 7 page attachment, 28 page attachment / Release letter (with personal information redacted) refuse attachments;
(redacted version of report available on / Section 36:
“36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Refused under Section 36 commercially sensitive information
Public interest considerations as per record 1.
3. / 29th August 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email and attachments
(Submission to Minister in relation to RE credits for 2014;
Cover note to Minister;
Options for rates 2014) / 2 page email 8 page attachments / Release email (personal information redacted)
Part-release attachment / “36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Text in attachment redacted under Section 36 of the Act.
Public interest considerations as per record 1.
4. / 1st September 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email re RES / 2 page email / Part-release email and enclose copy of EU decision referred to in email. / Deleted text not relevant to request
5. / 10th September 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email re RES query and attachments re RES and VHI : / 1 page email, 55 page attachment, 12 page attachment / Part-release email refuse attachments / Information redacted/refused under Section 36:
“36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Public interest considerations as per record 1.
6. / 25th September 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email attaching memo in response to queries from the CBI / 1 page email and 4 page attachment / Release email (with personal details redacted), part-release attachment / Attachment redacted under Section 36:
“36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Text in attachment redacted under Section 36 of the Act.
Public interest considerations as per record 1.
7. / 6th October 2014 / Central Bank of Ireland / Patsy Carr, Department of Health / Email and attachment re methodology for overcompensation / 2 page email, 8 page attachment / Release email (with personal details redacted)
Refuse attachment / Attachment refused under Section 36:
Section 36:
“36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whim the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Public interest considerations as per record 1.
8. / 5th November 2014 / Central Bank of Ireland / Fergal Lynch, Department of Health / Letter re measures to stabilise the private health insurance market / 3 pages / Part-release / Text redacted under Section 36:
36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Public interest considerations as per record 1.
9. / 19th November 2014 / Central Bank of Ireland / Fergal Lynch, Department of Health / Letter re Health Amendment Act 2013 / 3 pages / Part-release / Text redacted under Section 36:
36.(1) Subject to subsection (2), a head shall refuse to grand an FOI request if the record concerned contains (a) trade secrets of a person other than the requester concerned, (b) financial, commercial, scientific or technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the person to whom the information relate, or could prejudice the competitive position of that person in the conduct of his or her profession or business or otherwise in his or her occupation, or (c) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the person to whom the information relates”
Public interest considerations as per record 1.