Strategic Network Planning Group: FOI release

Information requested

• a copy of the minutes from the Strategic Network’s Service Planning Group meeting on the 14th April 2022
• a copy of the minutes from the Strategic Network’s Strategic Oversight Board meeting on 3rd May 2022
• a copy of any internal correspondence, between 14th April and 28th April 2022 in regards to applications made by Health Boards to the Strategic Network.

Response

I attach a copy of some of the information you requested.

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 sections 29(1)(a) – formulation or development of government policy, Section 30(b)(ii) – the free and frank exchange of views for the purposes of deliberation and Section 38(1)(b) – personal data consisting of names and contact details of individuals of FOISA applies to that information. The reasons why those exemptions apply are explained below.

Section 29(1)(a) – formulation or development of government policy
An exemption under section 29(1)(a) of FOISA applies to some of the information you have requested because it relates to the formulation of the Scottish Government's policy on supporting people living with long COVID.

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 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 theirpossible implications. Their candour in doing so will be affected by their assessment of whether the discussions on policy options for supporting people living with long COVID will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(b)(ii) - inhibit substantially the free and frank provision of views for the purposes of deliberation
An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view. Disclosing the content of free and frank discussions on policy options for supporting people living with long COVID will substantially inhibit such discussions in the future, particularly because these 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 position providing support to people with long COVID, until the Government as a whole can adopt a policy that is sound and likely to be effective. 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 officials, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b) – applicant has asked for personal data of a third party
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, ie names and contact details for a range of people 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.

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 202200320641 - Information released

File type

23 page PDF

File size

1.5 MB