Information on the proposal and provision of late stage abortion: FOI release

Information requested

1) Please provide the following, in relation to Dr John Reynolds-Wright

• Minutes of any meetings between Scottish Government ministers and officials with Dr Reynolds-Wright
• Correspondence by email or letter between Scottish Government ministers and officials and Dr Reynolds-Wright

2) Please provide, in relation to the specification on the optimal delivery proposal for a later stage abortion service commissioned by Scottish Ministers from National Services Scotland in 2023:

• Any draft or final submissions from NSS to Scottish Ministers and officials relating to the above
• Minutes of any meetings between Scottish Ministers and officials and NSS relating to the above
• Correspondence by email or letter between Scottish Ministers and officials and NSS relating to the above

3) Please provide correspondence by email or letter between Scottish Government ministers and officials and NHS Scotland health boards relating to the provision of late stage abortion, covering the period 1 January 2023 until the date of this request (27 January 2025).

Response

I enclose a copy of some of the information you requested in Annex B. There are emails and documents provided which relate to all three parts of your request (and some of the correspondence comes under more than one of the three parts so we have not sought to provide separate sets of documents for each of the three questions above).

In this instance the Scottish Government does not have the following information you have requested under point 1: Minutes of any meetings between Scottish Government ministers and officials with Dr Reynolds-Wright. Although Scottish Government officials have had discussions with Dr Reynolds- Wright, no minutes were taken of those discussions. This is therefore a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have 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) (policy formulation), 30(b)(i) and (ii) (free and frank advice and exchanges of views), 33(1)(b) (commercial interests) or 38(1)(b) (personal information) of FOISA apply to that information. The reasons why those exemptions applies are explained in Annex A to this letter.

Annex A

An exemption applies
An exemption under section 38(1)(b) of FOISA applies to some of the information you have requested. This is because it is personal data, such as names, email addresses, phone numbers or other identifiable information about non-senior officials or staff in NSS, Health Boards or charities providing later stage abortion services and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and 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.

Exemptions apply, subject to the public interest test

Exemptions under section 30(b)(i) and (ii) of FOISA applies to some of the information you have requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice or exchange of views for the purposes of deliberation. These exemptions recognise the need for officials and others, such as NSS or Health Board staff, to have a private space within which to provide free and frank advice to other officials before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice or exchanges of views on the delivery of later stage abortion services will substantially inhibit the provision of such advice or views in the future, particularly because these discussions are still ongoing and relate to a controversial issue, where discussions with the parties involved need to be handled sensitively in order to secure progress.

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 some public interest in release because as part of open, transparent and accountable government, and to inform public debate.

However, this is outweighed by the public interest in allowing officials a private space within which to communicate with appropriate external stakeholders as part of the process of exploring and refining the Government’s position on how best to deliver a later stage abortion service, until the Government and NHS as a whole can adopt a decision that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that decisions can be taken based on fully informed advice and evidence, such as that provided by stakeholders, such as Health Board staff and NSS. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the decision making process, which would not be in the public interest. There is also an important public interest inavoiding  the loss of stakeholder confidence in cases where they thought they were providing comments in confidence, which would be inevitable if an individual’s contribution was released against their wishes.

An exemption under section 29(1)(a) of FOISA also applies to some of the information you have requested. This exemption applies because it relates to the development of the Scottish Government’s policy on delivery of a later stage abortion service in Scotland. This work is still ongoing as we continue to seek to agree details of how the service should best be delivered.

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 some public interest in release because 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 their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the development of a later stage abortion service 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.

Finally, an exemption under section 33(1)(b) of FOISA (commercial interests) applies to some of the information requested. This exemption applies because disclosure of this particular information would be likely to, prejudice substantially the commercial interests of charities providing abortion services by divulging details of charges and terms and conditions of contracts that are not in the public domain, such as in this case fees for training. Disclosing this information would be likely to put BPAS at a disadvantage against both other charities and in any future negotiations with other Health Boards which would substantially prejudice BPAS’ ability to ensure they can secure business and/or appropriate contract terms.

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 and transparent government, and to help account for the expenditure of public money. However, there is a greater public interest in protecting the commercial interests of organisations, including charities which may receive Scottish Government contracts, to ensure that we are always able to obtain the best value for public money.

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 202500449935 - Information released - Annex B

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