East Calder Medical Centre materials: FOI release

Information requested

Request 1: Ministerial Briefings

I am requesting copies of any ministerial briefings, including but not limited to briefing notes, summaries, internal memos or background papers, provided to any Scottish Government Minister between 1 January 2024 and 30 July 2025 regarding East Calder Medical Centre. This includes documents prepared for meetings, parliamentary debates, press lines, or constituency casework.

Request 2: Correspondence Between the Cabinet Secretary for Health and the Cabinet Secretary for Justice

I am requesting any correspondence, including emails, letters, WhatsApp messages, meeting notes or internal memos, exchanged between the Cabinet Secretary for Health and the Cabinet Secretary for Justice, that refer to East Calder Medical Centre, from 1 January 2024 to 30 July 2025.

Request 3: Correspondence Between the Health Secretary and Angela Constance MSP

I am requesting copies of any correspondence from the Cabinet Secretary for NHS Recovery, Health and Social Care to Angela Constance MSP, including emails, letters, or briefing notes, which refer to or discuss East Calder Medical Centre, between 1 January 2024 and 30 July 2025.

Request 4: Communications with NHS Lothian Regarding East Calder Medical Centre

I am requesting any correspondence between Scottish Government officials or Ministers and NHS Lothian, including meeting notes or emails, referring to East Calder Medical Centre from 1 January 2024 to 30 July 2025.

Request 5: Internal Scottish Government Discussions

Please provide records of any internal Scottish Government emails, memos, meeting notes or WhatsApp/Teams/Slack messages between civil servants or special advisers, referring to East Calder Medical Centre from 1 July 2024 to 30 July 2025. This includes any discussions of funding, planning, delays, service provision or ministerial interest.

Request 6: SPAD and Ministerial Diary Entries

Please provide diary entries or meeting schedules for any Scottish Government Minister or Special Adviser where East Calder Medical Centre was the subject of discussion, between 1 July 2024 and 30 July 2025.

Response

Some of the information you have requested is provided in the annexes to this response. Note that where documents, emails, etc contain a mix of content that is within and outwith the scope of your request, relevant extracts have been provided.

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 the following sections of FOISA applies to that information:

• s.38(1)(b) (personal data of a third party)
• s.25(1) (information otherwise accessible)
• s.30(b)(i) (free and frank provision of advice)
• s.30(b)(ii) (Free and frank exchange of views)
• s.29(1)(a) (policy formulation)
• s.17(1) (Information is not held)

The reason these exemptions apply are set out below.

An exemption applies under Section 38(1)(b) - Personal data relating to a third party

An exemption under Section 38(1)(b) of FOISA (personal information) applies to some of the information requested because it is personal data of a third party, i.e. the names and 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 applies under Section 25(i) - Information otherwise accessible

Section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA) exempts information from disclosure where the requester can obtain the information without asking for it under FOISA.

The information you requested that is otherwise accessible can be found here:

• https://org.nhslothian.scot/foi/wp-content/uploads/sites/22/2025/06/10084.pdf
• Questions and answers | Scottish Parliament Website
• NHS-Lothian-Board-Papers-06-December-2023.pdf
• Correspondence relating to the East Calder Medical Centre: FOI release - gov.scot

An exemption applies under Section 30(b)i) - Free and frank provision of advice and 30(b)(ii) -Free and frank exchange of views

Exemptions under Section 30(b) of FOISA applies to some of the information requested (s.30(b)(i) Free and frank provision of advice and s.30(b)(ii) (Free and frank exchange of views).

These 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 exemptions. We have found that, on balance the public interest lies in favour of upholding these exemptions.

We recognise that there is some public interest in releasing this information, however, there is a need for Ministers and officials to have a private space to seek advice, exchange views and discuss options before reaching a settled public view. Disclosing the content of such advice and discussions would substantially inhibit the free and frank provision of advice and exchange of views in the future.

An exemption applies under Section 29(1)(a) – Formulation or development of government policy

An exemption under section 29(1)(a) of FOISA applies to the information requested because it relates to the development of the Scottish Government’s policy on the Capital Budget.

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 high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications.

An exemption applies under Section 17(1) – Information is not held

Our searches did not identify any special advisor meetings within the scope of this request. This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of 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 202500478023 - Information released - Annex

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