National Care Service Bill documentation: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received, minutes/notes from meetings, internal correspondence, briefings and analysis regarding the decision to axe part one of the National Care Service bill, between December 15 2024 and January 23 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 s.25(1) (otherwise accessible), s.30(b)(ii) (free and frank exchange of views), s.30(b)(i) (free and frank provision of advice), s.36(1) (confidentiality of communications), s.29(1)(b) (Ministerial communications) and s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions apply are explained below:

Section 25(1) states that information is exempt if it is otherwise accessible and readily available to the public. Some of the information you requested can be found on the Scottish Parliament website here:

Marshalled List of Amendents for Stage 2,

Meeting of the Parliament: 23/01/2025 | Scottish Parliament Website, and

Minister for Social Care, Mental Wellbeing and Sport.

Section 30(b)(ii) states that information is exempt if releasing it would be likely to inhibit the free and frank exchange of views for the purposes of deliberation. Some of the information you have requested relates to discussion between Scottish Government officials on the removal of sections of Part 1 of the Bill. Its disclosure could lead to individuals being less willing to share views openly and honestly, hindering future discussion and decision-making. This exemption is subject to the public interest test. We have considered this and concluded that the need for individuals to feel confident to engage in free and frank discussion outweighs the public interest in disclosure, and have decided to uphold the exemption.

Section 30(b)(i) states that information is exempt if releasing it would be likely to inhibit the free and frank provision of advice. We have applied this exemption to briefing and advice provided to Ministers from officials in the course of the decision to remove Part 1 of the Bill as its disclosure could lead to individuals being less willing to provide free and frank advice in future. This exemption is subject to the public interest test. We have considered this and concluded that the ability for individuals to provide free and frank advice outweighs the public interest in disclosure, and have decided to uphold the exemption.

Section 36(i) states that information is exempt if it includes confidential communication from legal advisers. Some of the information you requested includes legal advice to officials from legal advisers. This exemption is subject to the public interest test. We have considered this and concluded that the need to maintain confidentiality in this case outweighs the public interest in disclosure, and have decided to uphold the exemption. I should clarify that the advice relates to amendments to the Bill to reflect the removal of Part 1. Those amendments can be found at the link provided above.

Section 29(1)(b) states that information is exempt if it relates to Ministerial communications. The information you have requested includes communication between members of the Cabinet Sub-Committees for Legislation and for the National Care Service. Disclosure of this information could undermine the decision-making process at Cabinet and inhibit open and candid communication. This exemption is subject to the public interest test. We have considered this and concluded that the need to maintain confidentiality of Ministerial communication outweighs the public interest in disclosure.

Section 38(1)(b): Personal information of all civil servants below the grade of Senior Civil Servant, such as Deputy Directors, Special Advisors, and Directors are normally redacted. Names of external contacts are only made available if the individual has a public profile, such as a director of a company whose names can be found on their company’s website. 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 202500455144 - Information released - Annex

File type

PDF

File size

180.2 kB