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Comprehensive Position on European Working Time Directive

Request 

I am writing to request information under the Freedom of Information Act 2000.

I believe the Department of Health recently requested that SHAs provided a comprehensive position statement on Working Time Directive readiness by speciality and by Trust.

Please send me the following information:

i) the date on which the statement was sent.

ii) a copy of this statement.

If you need further clarification, please contact me

Please send me an acknowledgement of this request.

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Our Response

Freedom of information

I refer to your email of 9 February requesting a copy of the comprehensive position statement on the Working Time Directive and notification of the date that this was sent to the Department of Health.  

I can confirm in accordance with S.1 (1) of the Freedom of Information Act 2000 that we do hold the information that you have requested and I can advise you that our comprehensive position statement was sent to the Department of Health on 28 January 2009. 

Regarding your request for a copy of our statement, I would advise you that we are exempting this under section 22 of the Freedom of Information Act 2000.  Section 22 refers to information intended for publication at a later date.

We have considered whether the relying upon the exemption offered by Section 22 in relation to this request could in any way act to the detriment of our patients.  In the absence of any evidence that this is the case and bearing in mind that the relevant information is largely historical, we are of the view that we can engage the exemption under Section 22.  The public interest test supports waiting for the Department of Health to publish this information as they have told us it is their intention to do.

Please note that if you are dissatisfied with the way in which we have dealt with your request you can complain in writing to:-

Mr Kevin Orford

Deputy Chief Executive and Director of Finance

NHS East Midlands

Octavia House

Interchange Business Park

Bostock's Lane

Sandiacre

Nottingham

NG10 5QG

If at the conclusion of any review you remain dissatisfied you may complain to the Information Commissioner who can be contacted at:-

The Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF