Former Minister for Mental Health's WhatsApp messages during the Covid 19 pandemic: FOI Review

Information requested

Original request 202400426487

MSP Claire Haughey What's App messages from her ministerial position during the Covid 19 pandemic.

Response

I have now completed my review of our response to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for

I wish to make a Freedom of Information Request for MSP Claire Haughey What's App messages from her ministerial position during the Covid 19 pandemic.

In your review request you indicate

I wish to make a request for my FOI request on the grounds that other ministers & SG officials have supplied their Covid 19 WhatsApp messages.

I have concluded that the original decision should be confirmed with modifications.

Firstly, I agree the period of your request would be from 21 January 2020 when the World Health Organisation published its ‘Novel Coronavirus (2019-nCoV) Situation Report, up until 30 April 2022 when the then remaining Covid-19 restrictions were lifted in Scotland. I can confirm the Scottish Government holds several conversations/messages involving Clare Haughey during that period. Please find attached a copy of the information at Annex A.

Some of the information you have requested is available within previous requests that you have made (202400422232) for Ministerial WhatsApp messages therefore under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you.

An exemption under section 29(1)(b) of FOISA applies to some of the information you have requested as it relates to Ministerial communications. 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 a private space within which issues can be explored and refined to reach a decision that is sound and likely to be effective. This private thinking space also allows for all options to be properly considered, so that good decisions can be taken.

An exemption under section 30(b)(i) of FOISA applies to some of the information you have requested as it relates to the provision of free and frank advice. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of advice. 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 dealing with a number of different issues, including the Covid-19 pandemic, will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue such as Covid-19 pandemic. 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 on a number of topics, such as those listed above. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. 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.

An exemption under section 30(b)(ii) of FOISA applies to some of the information you have requested as it relates to the provision of free and frank views. 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 dealing with a number of different issues, including the Covid-19 pandemic, will substantially inhibit such discussions in the future, particularly because these discussions relate to a sensitive or controversial issue such as Covid-19 pandemic. 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 on a number of topics, such as those listed above. This private thinking space is essential to enable all options to be properly considered, so that good decisions can be taken. 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.

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, for example names and contact details for individuals, 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 202400430870 - Information released - Annex A

File type

3 page PDF

File size

123.9 kB