Minister for Social Care, Wellbeing and Sport visit to Queen Margaret Hospital: FOI release

Information requested

You asked “Could you apply all documentation held by the Scottish Government, including correspondence sent and received (including internal), minutes/notes from the meetings, briefings, analysis about Maree Todd's visit to Queen Margaret Hospital in Dunfermline December 13 2024, between November 15 2024 and January 15 2025?”

Response

I enclose a copy of most 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 38(1)b) personal information), 30(b)(i) (free and frank advice) and 30(c) – otherwise prejudice the effective conduct of public affairs of FOISA applies to that information. The reasons why these exemptions apply are explained below.

An exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information you have requested. This is because it is personal data of a third party, ie names/contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in 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.

An exemption under section 30(b)(i) (free and frank advice) of FOISA applies to some of the information you have requested. This is 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. The exemptions recognise 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 lines are used. Disclosing the content of free and frank briefing material on health board positions will substantially inhibit such briefing in the future, particularly because discussions on the issue are still ongoing.

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 exemptions. We have found that, on balance, the public interest lies in favour of upholding the exemptions. 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 lines to take. 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.

An exemption under section 30(c) – otherwise prejudice the effective conduct of public affairs of FOISA applies to some of the information you have requested. This is because disclosing this information would substantially prejudice our ability to conduct data collection of management information from health boards. The management information was provided on the basis that it would remain restricted, sharing it could lead to loss of trust between health boards / partnerships and Scottish Government, which would compromise our ability to keep collecting the data and undermine the collaborative efforts of CRAG. This would constitute substantial prejudice to the effective conduct of public affairs in terms of the exemption.

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, transparent and accountable government. However, there is a greater public interest in protecting the process of data collection from health boards and ensuring that the Scottish Government is able conduct this aspect of its business effectively.

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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 202500460406 - Information Released - Annex

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