Current ten day COVID isolation guidance: FOI release

Information requested

1. All discussions between the Scottish First Minister and health advisors (SMO, NCA, SAGE, UK Government) regarding the advice pertaining to reaching the current ten day covid isolation guidance.
2. Copies of minutes / records of decisions that state where the First Minister has decided to retain the ten day covid isolation period.
3. Copies of all recorded reasoning why Scotland is different to England and the United States who have reduced their covid isolation period.
4. Copies of the latest economic data that the First Minister has viewed, considered and decided to go against by retaining the ten day covid isolation period.

Response

Question 1 - all discussions between the Scottish First Minister and health advisors (SMO, NCA, SAGE, UK Government) regarding the advice pertaining to reaching the current ten day covid isolation guidance

I enclose a copy of the information you requested in the attached PDF. The documents relevant to Question 1 are Document 1, Document 1.1, Document 2, Document 3, Document 4 and Document 4.1.

You may find it helpful to note that some information has been redacted because it does not fall within the scope of your request. For ease of reference this information is marked as [redacted – out of scope].

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.38(1)(b) (personal information), section 30(b)(i) (free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie the names and contact details of individual members of staff, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

In addition, exemptions under section 30(b)(i) (free and frank provision of advice) and section 30(b)(ii) (free and frank exchange of views for the purposes of deliberation) apply to some of the information requested. S 30(b)(i) and 30(b)(ii) exemptions recognise the need for officials to have a private space within which to obtain advice, discuss issues and communicate freely in order to perform their functions properly. Disclosing the content of such advice/discussions will substantially inhibit the free and frank provision of advice and/or exchange of views in the future, particularly while discussions are ongoing and decisions have not been taken, and/or if those discussions relate to sensitive or controversial issues.

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. While we recognise there may be some public interest in the information requested, we recognise the need for a private space to allow open and frank discussion between Ministers and officials.

Question 2 - Copies of minutes / records of decisions that state where the First Minister has decided to retain the ten day covid isolation period

I enclose a copy of the information you requested in the attached PDF. The documents relevant to Question 2 are Document 5 and Document 5.1.

You may find it helpful to note that some information has been redacted because it does not fall within the scope of your request. For ease of reference this information is marked as [redacted – out of scope].

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 an exemption under section s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, ie the names and contact details of individual members of staff, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018.

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.

Question 3 - Copies of all recorded reasoning why Scotland is different to England and the United States who have reduced their covid isolation period

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Isolation policy in Scotland was revised on 6 January which set out that people who have tested positive can end isolation if they take a negative LFD test on day 6 and day 7 of their isolation period. Because of how the isolation period is counted (with UK Government and CDC counting the test day/onset of symptoms as ‘day 0’ whereas in Scotland it counting as ‘day 1’) this policy change aligned with CDC’s isolation period. When the UK Government announced the intention to reduce the isolation period on 13 January, this then aligned with the approach already in place in Scotland.

We don’t hold the information for your question because the isolation period was the same as CDC from 6 January and the same length as the policy in England from 13 January when UK Government announced changes to the isolation period.

Question 4 - Copies of the latest economic data that the First Minister has viewed, considered and decided to go against by retaining the ten day covid isolation period

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

There is no economic data held which the First Minister viewed, considered and decided to go against by retaining the ten day covid isolation period.

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.

Documents in scope - 202100268614

File type

23 page PDF

File size

1.1 MB