External review carried out by NHS Greater Glasgow and Clyde: FOI release

Information requested

1. Information contained in all communications, discussions, documents and meetings within the Scottish Government and with any other public authority or person in relation to the external review to be carried out by NHS Greater Glasgow and Clyde (of allegations and disclosures and material in relation to actions carried out by NHS Grampian in relation to Medical Devices UK, including all issues raised by DFM John Swinney on his constituent's behalf, issues raised by any other MSP in this matter and issues raised by or representations made by any other organisation including NHS Grampian) as referred to by Health Secretary Humza Yousaf at Holyrood on 15 December 2022 in response to questions from Murdo Fraser MSP and Jackie Baillie MSP.
2. When was NHS Greater Glasgow and Clyde appointed to conduct the external review?
3. Was any other NHS Board or authority (identify which) asked to conduct or participate in the review?
4. Any information contained in consultations between the Scottish Government and NHS Greater Glasgow and Clyde on being appointed to conduct this external review, and communications between the Scottish Government and any other public body - including NHS Grampian and CLO, in relation to the proposal to appoint NHS Greater Glasgow and Clyde to conduct the review and NHS Greater Glasgow and Clyde's acceptance of this role.
5. The terms and remit of this external review and how these if any terms or any restrictions, conditions or similar were arrived at or agreed to, and who proposed the terms or had input in relation to the terms of this external review.
6. Information contained in what material is to be reviewed by NHS Greater Glasgow and Clyde and who (Identify) is to be interviewed as part of this external review.
7. Any input sought from or received from previous Health Secretaries who were aware of these allegations including any material provided to previous Health Secretaries and the Scottish Government by Mr Donnelly, DFM John Swinney and any other organisation or person.

Response

Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. 
 

1. While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information that you have requested because an exemption(s) under section(s): s.30(b)(i) (Free and frank provision of advice), and s.30(b)(ii) (Free and frank exchange of views) of FOISA applies to that information. The reasons why these exemptions applies are explained below, and section s.38(1)(b) (personal information) of FOISA applies to that information. This exemption regulates the relationship between FOISA, the UK General Data Protection Regulation and the Data Protection Act 2018.
2. NHS Greater Glasgow and Clyde (NHSGGC) were appointed on 15 December 2022.
3. NHS National Services Scotland (NSS) was originally asked to carry out the review but advised of a conflict of interest.
4. Letters to NHSGGC and NHS Grampian are included in the Annex. While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested as there was no discussion with CLO on this matter. s.30(b)(i) (Free and frank provision of advice), and s.30(b)(ii) (Free and frank exchange of views) of FOISA applies to some of the information. The reasons why these exemptions applies are explained below.
5. The terms of the review are included in the correspondence to the NHS Boards which is included in the Annex, as prepared by officials, following a request from the Cabinet Secretary for Health and Social Care for a review of the procurement documentation.
6. The Scottish Government does not have the information you have asked for because NHSGGC are carrying out the review and are responsible for obtaining any information required for this purpose.
7. 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 some of the information you have requested.

Exemptions

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

s.30(b)(i) (Free and frank provision of advice), and s.30(b)(ii) (Free and frank exchange of views) of FOISA applies to some of the information. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on this matter will substantially inhibit the provision of such advice in the future, particularly where discussions are still ongoing.

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 a public interest in disclosing information as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s response to public correspondence. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the decision making process, which would not be in 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.

202200334659 - Annex

File type

29 page PDF

File size

1.5 MB