Information regarding evacuations from Gaza for medical treatment: FOI release

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


Information requested

All correspondence, memos, briefings and/or reports sent and received by the Scottish Cabinet Secretary for Health and Social Care, Neil Gray, between September 12, 2025 and September 17, 2025 that address, or relate to, the evacuation of ill children and their families from Gaza to Scotland for medical treatment.

Response

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 the following exemptions of FOISA apply:

  • s.38(1)(b) Personal data relating to third party
  • s.30(b)(ii) Free and frank exchange of views
  • s.30(b)(i) Free and frank provision of advice
  • s.29(1)(a) Formulation or development of Scottish Government policy
  • s.28(1) Relations within the UK

In the interest of only providing information relevant to your request, parts of the released documents have also been marked as out of scope.

Annex to the standard response letter- Reasons for not providing information

Exemption(s) apply

The exemption under section 38(1)(b) (personal information) of FOISA applies to some of the information requested because it is names/contact details of individuals of a third party 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.

The exemption under 30(b)(i) (free and frank exchange of views) 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 to Ministers before the Scottish Government reaches a settled public view.

The exemption under 30(b)(ii) (free and frank provision of views) applies because disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. This exemption recognises the need for Ministers and officials to have a private space within which to discuss and explore options before the Scottish Government reaches a settled public view.

The exemption under s.29(1)(a) (formulation or development of Scottish Government policy) applies because disclosure would, or would be likely to, prejudice the formulation or development of Scottish Government policy. This exemption recognises the need for Ministers and officials to have a private space within which to develop policy options before announcing to the public. Disclosure of this discourse could hinder the Scottish Government’s ability to explore all policy options freely and fully.

Disclosing the content of these policy discussions would substantially inhibit the formulation or development of policy in the future.

The exemption under s.28(1) (relations within the UK) applies because disclosure would, or would be likely to, prejudice relations within the UK. This exemption recognises the importance of maintaining effective communication and cooperation between the Scottish Government and other parts of the UK. Disclosure of such information could damage inter-governmental relations.

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.

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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