Communications, guidance and financial arrangements to Health Boards: FOI release

Information requested

Under the Freedom of Information (Scotland) Act 2002, I hereby request the following information held by the Scottish Government, for the period 1 January 2020 to present:

1. Communications with NHS Boards

• Copies of all internal emails, memos, meeting minutes or briefing papers between the Scottish Government (including the Population Health Directorate, Chief Medical Officer’s office, and any other relevant divisions) and NHS Scotland bodies (in particular NHS Highland and NHS Lothian) concerning correspondence from For Women Scotland (company no. SC639332) or its directors (e.g. Trina Budge, Marion Calder, Susan Smith).
• This includes, but is not limited to, exchanges about FWS’s letters on CHI-number policy, single-sex wards, or other women’s-health issues raised by FWS.

2. Guidance to Health Boards

• Any guidance, instructions, or policy documents issued by the Scottish Government to NHS boards on how to handle, respond to, or escalate representations from external advocacy groups such as For Women Scotland.

3. Financial Engagement

• Details of any grants, contracts, or other financial arrangements (including consultancy or project work) between the Scottish Government and For Women Scotland or any of its directors, from January 2020 to present.

4. Conflict-of-Interest Advice

• Any legal opinions, policy advice or internal guidance obtained or issued by the Scottish Government regarding conflict-of-interest declarations by NHS employees serving as directors of external organizations (for example, Marion Calder’s role in For Women Scotland).

Response

I have addressed each part of your request separately.

You will wish to note that while the Chief Medical Officer for Scotland is based in the Scottish Government and is supported by Scottish Government civil servants, “The Chief Medical Officer of the Scottish Administration” - including the Deputy Chief Medical Officers - is designated (at Part 2 of Schedule 1 of FOISA) as a wholly separate public authority from Scottish Government. It should be noted that requests for information submitted under FOISA cannot be transferred from one authority to another. We are, therefore, only able to provide you with the information that we were included in.

Q1. Communications with NHS Boards

I enclose a copy of some of the information you requested in the Annexes to this letter.

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 an exemption(s) under section 29(1)(a) policy formulation, section 30(b)(i) free and frank provision of advice and section 38(1)(b) personal information of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

Some of the information you have requested is available via Correspondence regarding Community Health Index (CHI) numbers: FOI release - gov.scot. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

Q2. Guidance to Health Boards

The Scottish Government does not issue guidance, instruction or policy documents to Health Boards on how to handle, respond to, or escalate representations from external advocacy groups.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Q3. Financial Engagement

I have interpreted ‘financial arrangements’ in your request to mean arrangements in which Scottish Government has committed in advance to make payments or reimburse costs to For Women Scotland to undertake work either for Scottish Government or to provide a service to, or work with, the public.

The Scottish Government has not provided any grants, contracts, or other financial arrangements  (including consultancy or project work) between it and For Women Scotland or any of its directors,  from January 2020 to present.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish  Government does not have the information you have requested.

Q4. Conflict of Interest Advice

I have interpreted this question’s phrasing as containing two parts, first on obtaining and the second on issuing information such as legal opinions, policy advice or internal guidance relevant to conflict-of- interest declarations by NHS employees serving as directors of external organizations. I have interpreted ‘obtaining’ as inclusive of holding, for the purposes of FOISA.

As a result, these are addressed separately.

In answer to the first part of your question, while our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exemption(s) under section 29(1)(a) policy formulation for the purposes of deliberation of FOISA applies to that information. The reasons why that exemption(s) applies are explained in the Annex to this letter.

In answer to the second part of your question the Scottish Government has not issued any legal opinions, policy advice or internal guidance regarding conflict-of-interest declarations by NHS employees serving as directors of external organizations. This is a matter for each individual Health Board and its local employment policies.

As such, in answer to the second part of your question I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

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 202500468013 - Information Released - Annex

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