Royal College of Nursing report briefing materials: FOI release

Information requested

1. A copy of any briefing material that was prepared for the Cabinet Secretary for Health and Social Care on the Royal College of Nursing report regarding instances of corridor care.

2. A copy of any briefing material produced for the First Minister ahead of First Minister's Questions on the 16th January regarding the RCN report.

3. A copy of any emails by the Scottish Government press and communication team to Government Ministers about the RCN report on 15th or 16th January.

Response

1. Attached to this email is briefing that was prepared for the Cabinet Secretary for Health and Social Care on the Royal College of Nursing report regarding instances of corridor care.

2. While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption under s.30(b)(i) (free and frank provision of advice) of FOISA applies to that information. This exemption applies to briefing prepared for First Minister’s Questions (FMQs) on 16 January 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, and have a prejudicial effect on the effective conduct of public affairs within the Scottish Government. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position, which will be given in whatever final Parliamentary answer Ministers then give.

Disclosing the content and structure of free and frank briefing material provided to the First Minister for FMQs would substantially inhibit such briefing in the future, particularly because the provision of advice and discussions on issues are still ongoing, final decisions may have not been taken, and these discussions often relate to evolving and sensitive issues such as those raised at First Minister’s Questions.

The above exemption is subject to the public interest test. We believe that, on balance, the public interest lies in favour of upholding the exemption for the advice.

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 a private space within which officials can provide free and frank advice and views to Ministers in briefing for First Minister’s Questions, and therefore ensuring the effective conduct of public affairs. It is clearly in the public interest that Ministers can properly answer Parliamentary questions, provide sound information to Parliament (to which they are accountable), and robustly defend the Government’s policies and decisions. They need full and candid advice from officials to enable them to do so. Premature disclosure of this type of information could lead to a reduction in the comprehensiveness and frankness of such advice and views in the future, which would not be in the public interest.

3. All emails from Scottish Government Communications teams to Ministers regarding the RCN report have been attached. An exemption under s.38(1)(b) (third party personal data) of FOISA applies to some of the information you have requested. The disclosure of junior staff members names would contravene data protection principles, and therefore have been removed from emails attached. 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.

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FOI 202500448357 - Information released - Annex

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