Information on the Deputy First Minister's meeting regarding workplace sickness: FOI release

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


Information requested

In The Sunday Times on 23rd March 2025, Shirley-Anne Somerville is quoted as follows:

“Economic inactivity due to sickness is a problem right across the UK. In certain areas of Scotland that rate is higher than elsewhere. That’s exactly why the Scottish Government’s looking at the reasons behind that. And in fact, Kate Forbes just had a meeting with business leaders, public sector folk and charities to look at the reasons behind that and to start digging down into what can be done.”

Please provide all briefing materials and the agenda for this meeting, a list of who attended, and any notes/minutes recording what was discussed.

Response

I enclose a copy of most of the information you requested.

Exemptions under sections s.29(1)(a), s.30(b)(i), s.30(c), and s.38(1)(b) of FOISA applies to some of the information you have requested.

S.29(1)(a) exempts information from disclosure as it relates to the development of government policy. S29(1) exemptions are 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 in the interest of open and transparent government. However, this is outweighed by the public interest to allow Ministers and officials to develop policy. As decisions are yet to be taken about which options will be taken forward and with consideration of impacts and cost ongoing, the development of this policy is still considered to be at an early stage and would not be of the public interest to release at this time.

S.30(b)(i), and S.30(c) exempts information from disclosure as it relates to the free and frank provision of advice and exchange of views for the purposes of deliberation. S.30 exemptions are 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 in the interest of open and transparent government. However, this is outweighed by the public interest to allow Ministers to hear free and frank advice from officials and stakeholders when developing policy.

S.38(1)(b) exempts information from disclosure as it relates to personal information, and would contravene the data protection principles in Article 5(1) of the UK GDPR. S.38(1) 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 202500458589 - 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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