National Treatment Centres correspondence: FOI release

Information requested

All written communication, including associated briefings, to and from Ministers since 1 January 2025 to most recent relating to the Scottish Government’s National Treatment Centres.

Response

I enclose a copy of most of the information you requested in the attached documents.

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 30(b)(i) (free and frank provision of advice), Section 30(c) – (Prejudice to effective conduct of public affairs), 38(1)(b) (personal information) of FOISA apply to that information and s.29(1)(a) (Formulation or development of Scottish Government Policy. The reasons why these exemptions apply are explained in the Annex to this letter.

Document number	Document title
01	Capital Finance Team Emails and Extract from NHS Overview FMQ Infrastructure
02	Cabinet Secretary Media Briefing – Orkney
03	Collated Health and Social Care Comms Emails
04	Cabinet Secretary Briefing – Waiting Times – March 2025
05	Collated Email Chains from Chief Operating Officer NHS Scotland
06	Health and Social Care Performance Oversight Update – 27 May 2025
07	Briefing for First Minister Meeting with Mr Arthur – 02 July 2025
08	NHS Grampian Escalation Draft Statement Briefing 28 May 2025
09	Operational Research – Ophthalmology Discrete Event Simulation
10	Service Renewal Framework Baselining
11	Cabinet Secretary Submission – NHS Wales Productivity – May 2025
12	Summer Tours 2025 – Cabinet Secretary and Ministers
13	Waiting Time Part 2 Briefing - 16 June 2025
14	Cabinet Secretary Briefing Inverness – April 2025
15	Briefing First Minister/Cabinet Secretary Health and Social Care – Andrew Elder Meeting – June 2025
16	Cabinet Secretary Briefing – Waiting Times – June 2025
17	Cabinet Secretary Briefing Pack – NHS Orkney
18	Cabinet Secretary Correspondence – Kenneth Gibson MSP
19	Cabinet Secretary Briefing Pack – NHS Lothian
20	Collated Planned Care Emails
21	Cabinet Secretary Media Briefing – NHS Lothian – July 2025
22	Opposition Debate – Improving Scotland’s Finances – September 2025
23	Topical Parliamentary Question – 02 September 2025

ANNEX

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 to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on the Scottish Governments decision to accept a policy recommendation will substantially inhibit the provision of such advice in the future, particularly because the Scottish Government expects to conduct further reviews of waiting times standards in the future.

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 as part of the process of exploring and refining the Government’s policy position on waiting times standards until the Government as a whole can adopt a policy 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 policy 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 making process, which would not be in the public interest.

Section 38(1)(b) – applicant has asked for personal data of 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. 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.

Section 29(1)(a) – formulation or development of government policy

An exemption under section 29(1)(a) of FOISA (formulation or development of government policy) applies to some of the information requested because it relates to the formulation/development of the Scottish Government’s policy on projections on planned care activity.

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. Their candour in doing so will be affected by their assessment of whether the discussions on projections on planned care activity. will be disclosed in the near future, when it may undermine or constrain the Government’s view on that policy while it is still under discussion and development.

Section 30(c) – Prejudice to effective conduct of public affairs

Section 30(c) of FOISA provides that information is exempt information if its disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

There are many issues that are covered within the First Minister’s briefing pack that continue to be controversial and arise again and again such as Ferguson ship yards, NHS waiting times, cost of living etc. It is often the case that lines within these briefings will be repackaged and reused multiple times and there is no way to know in advance what may need to be used again. We would not want to be in a position where the opposition parties had access to these lines ahead of the debate as this would undermine the First Minister’s position as the opposition leaders would have the advantage of knowing what the First Minister was likely to say but the First Minister has no idea what the opposition parties are going to ask.

As well as the risks of disclosure of each individual line there is also a risk around the insight that could be gained from release of the folder. A review of the folder would provide an insight as to debate tactics and how the First Minister prepares and formulates responses, which would again give an advantage to the opposition parties which would undermine the First Ministers position.

As mentioned above given the already high levels of interest from political parties in the contents of the FMQ folder, should this material be released we would expect requests to become routine and would revise the process and contents of briefing to reflect an assumption of publication. In that instance we would not be able to tolerate a position where the lines used by the First Minister would be available to the opposition leader and would no longer be able to provide lines of this nature as part of the briefing.

As a result, the briefings would instead cover the substance of the policy, making them longer and less focussed and requiring the First Minister to then construct their lines themselves. This would create a number of issues

• This would make the briefing pack substantially longer which would be difficult for the First Minister to manage within the limited window for preparation as discussed above.
• As the First Minister would be drafting their own lines there would be no ability for the policy officials who hold the detailed knowledge and understanding to feed into this which could lead to inaccuracies
• There would no longer be an easy reference document that could be used by First Minister in the chamber

The net effect is that the First Minister would be less well prepared for a substantive debate. Answers would likely to be less detailed to reduce any risk of inaccuracies, it is also likely that the First Minister would be unable to fully read and digest a significantly longer briefing pack meaning an increased likelihood that they may be asked about a topic they are not fully prepared for. First Minister’s Questions perform an important function for parliament to hold Government to account. If the First Minister is not fully prepared to answer the questions that may be posed their ability to do that will be impaired.

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FOI 202500485157 - Information released - Documents

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