Patient Safety Commissioner role: FOI release

Information requested

Documents and correspondence from 2022 relating to the remit of the new Patient Safety Commissioner role.

Response

I am able to provide some of the information you requested, which I have enclosed.

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 it is subject to exemptions in FOISA under sections 27(1) (information intended for future publication); 29(1)(a) (formulation of government policy); 30(b)(ii) (free and frank exchange of views for the purposes of deliberation); 30(c) (substantial prejudice to the effective conduct of public affairs); 36(1) (confidentiality in legal proceedings); or
38(1)(b) (personal information).

Information intended for future publication

An exemption under section 27(1) of FOISA (information intended for future publication) applies to some of the information requested because we intend to publish that information within 12 weeks of the date of your request. We consider that it is reasonable to withhold the information until that date.

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.

Confidentiality in legal proceedings

An exemption under section 36(1) of FOISA (confidentiality in legal proceedings) applies to some of the information requested because it is legal advice and disclosure would breach legal professional privilege. 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 some public interest in release as part of open and transparent government, and to inform public debate. However, this is outweighed by the strong public interest in maintaining the right to confidentiality of communications between legal advisers and clients, to ensure that Ministers and officials are able to receive legal advice in confidence, like any other public or private organisation.

Personal information

An exemption under section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is the personal data of a third party, i.e. names and contact details, 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.

Formulation or development of government policy

An exemption under section 29(1)(a) (formulation or development of government policy) applies to some of the information requested because it relates to the development of the Scottish Government’s policy on the remit of the Patient Safety Commissioner role.

This exemption is subject to the ‘public interest test’. 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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available
options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on roles and responsibilities will be disclosed.

Free and frank exchange of views / substantial prejudice to the effective conduct of public affairs

Exemptions under sections 30(b)(ii) (free and frank exchange of views) and 30(c) of FOISA (substantial prejudice to the effective conduct of public affairs) apply to some of the information requested. These exemptions apply because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice and exchange of views for the purposes of deliberation, as part of relationships which remain vital in ensuring that the voices of patients and other relevant stakeholders are listened to and reflected in policy-making.

These exemptions are 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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. We recognise that there is a public interest in disclosing information as part of open, transparent and accountable government. However, there is a greater public interest in protecting the process of developing policy and testing it with relevant stakeholders, and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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.

FOI 202200318168 - Information released

File type

131 page PDF

File size

740.7 kB