Former Cabinet Secretary for NHS Recovery, Health and Social Care correspondence: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.


Information requested

All correspondence sent and received by the Scottish Government, including internally, all briefings, all analysis, all minutes/notes from meetings, about or from Michael Matheson, from between September 1 2024 and October 1.

Response

Some of the information you requested is contained in a separate email which will follow this letter.

Information already accessible to you

Some of the information you have requested is available from a range of sources. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

I have not included Parliamentary Questions asked by Mr Matheson. These can be found on the Scottish Parliament’s website at https://www.parliament.scot/chamber-and-committees/questions-andanswers.

Mr Matheson’s name also appears in a report “The Scottish Government Consolidated Accounts for the year ended 31 March 2024” which was laid before the Scottish Parliament on 10 October 2024. This is on the Scottish Government website at The Scottish Government Consolidated Accounts for the year ended 31 March 2024 - gov.scot.

I have not included some information in respect of alleged breaches of the Ministerial Code by Mr Matheson and other Ministers in respect of a Section 36 planning application by SSE and Equinor, details of which were released in previous FOIs and EIRs, references:

  • 202400396587;
  • 202400401637; and
  • 202400407153.

A further FOI release, where the case was reviewed, is also relevant to your search but will not be provided here as it is already available to you. The reference number is 202400429286, which was a review of 202400424570.

Exemption under section 30, free and frank exchange of views

While our aim is to provide information whenever possible, in this instance we are unable to provide a very small amount (at document 23) of the information under this part of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow some private space for discussion. 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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues, which in turn will undermine the quality of the policy-/decision-making process.

Personal data

Throughout the response documents, an exemption has been applied under section 38, personal data. This is because to reveal that information would be in breach of data protection principles. This is not subject to the public interest test.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202400442492 - Information Released - Annex

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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