NHS performace correspondence: FOI release

Information requested

All emails and messages between John Swinney and Neil Gray in relation to the NHS and its performance over the 2024-2025 winter period sent between 1 November 2024 and the present date (as of 14 January 2025).

Response

I enclose 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 s.29(1)(b) (policy formulation), s.38(1)(b) (personal information and s.30(c) (otherwise prejudice affective conduct of public affairs) of FOISA applies to that information. The reasons why these exemptions apply are explained below.

Sections 29 (1) (b) Ministerial communications

This exemption protects communications between government ministers to maintain the integrity of policy-making. The public interest test requires balancing transparency against the need for confidential discussions that support effective decision-making. After considering all circumstances, it was determined that disclosure could undermine open and frank policy debates, ultimately harming governance. On balance, the public interest lies in upholding the exemption to protect the effectiveness of ministerial decision-making.

Section 30(c) – the effective conduct of public affairs

This exemption safeguards information that, if disclosed, could disrupt government operations. The public interest test assesses whether transparency outweighs the risk of harming officials ability to perform their duties effectively. In this case, releasing the information could negatively impact decision-making processes, reducing the efficiency of government functions. Considering these factors, it was concluded that the public interest is best served by upholding the exemption to ensure the smooth operation of public affairs.

Section 38(1)(b) - Third party data – Personal Information

This exemption is used to protect personal information of individuals who are not the requester. It ensures that private data about third parties is not disclosed without their consent. 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 https://www.gov.scot/foi-responses.

FOI 202500447915 - Information Released - Annex

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