Documentation for the First Minister's Forth Valley Hospital visit: FOI release

Information requested

All documentation held by the Scottish Government, including correspondence sent and received, briefings, minutes/notes from meetings, analysis, about/from John Swinney's visit to Forth Valley Hospital on December 2 2024, between November 1 2024 and December 24 2024.

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 section 30(b)(i) (free and frank provision of advice) and s.38(1)(b) (personal information) of FOISA apply to that information.

The reasons why these exemptions apply are explained in the Annex to this letter.

ANNEX A

Reasons for not providing information

Section 30(b)(i) – free and frank provision of advice

An exemption under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the free and frank provision of advice. This exemption recognises the need for officials to have a private space within which to provide free and frank advice between other officials and Ministers, before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on policy decision making and recommendations put forward to Ministers and other policy officials will substantially inhibit the provision of such advice in the future, particularly because these discussions relate to a sensitive issue such as ongoing issues within particular Health Boards and policy discussions between officials.

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, and to inform public debate. However, there is a greater public interest in allowing a private space within which officials can provide full and frank advice to Ministers and other officials, as part of the process of exploring and refining the Government’s policy position, until the Government as a whole can adopt a decision that is sound and likely to be effective. This private thinking space is essential to enable all options to be properly considered, based on the best available advice, so that good decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers and officials, which in turn will undermine the quality of the policy decision making process, which would not be in the public interest.

Section 38(1)(b) - Third party data – Personal Information

This exemption is used to protect personal information of individuals who are not the requester. It ensures that private data about third parties is not disclosed without their consent. 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 202500463128 - Information released - Documents

File type

PDF

File size

1.2 MB