Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill queries: FOI release

Information requested

You requested documents concerning the public consultation which commenced on 20 December 2024 and closed on 14 February 2025 in relation to the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill, which became an act on 12th May 2026.

Specifically you asked for:

1. All internal correspondence, submissions, briefing notes, meeting notes, recommendations and decision records concerning the selection or approval of the consultation period from 20 December 2024 to 14 February 2025.

2. All recorded consideration of whether commencing the consultation immediately before Christmas and continuing it across Christmas and New Year might affect participation or response rates.

3. All recorded consideration of the likely effect of the consultation dates on equality organisations, women’s organisations, business organisations, sole traders, micro-businesses and practitioners working within the non-surgical cosmetic procedures sector.

4. All correspondence with equality organisations concerning their availability, participation or ability to respond during the consultation period.

5. Any records showing whether an alternative opening date, closing date or extension was considered.

6. Any recorded advice, concern, objection or recommendation concerning the timing of the consultation.

7. The names or job titles of the officials or teams who recommended, approved or reviewed the consultation dates.

You also requested any equality, Fairer Scotland, human rights or consultation-planning advice created before or during the public consultation where that material discusses the consultation dates or their likely effect on participation.

Response

I enclose a copy of some 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(s) s.38(1)(b) (personal information) and s.30(b)(ii) (free and frank exchange of views) of FOISA applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

Annex – Reasons for not providing information

Personal Information Exemptions under section s.38(1)(b) (personal information) of FOISA apply to some of the information you have requested. This means that names and contact details for civil servants have been removed.

An exemption applies, subject to the public interest test

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information under this part of your request because an exemption under section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) applies to it. The reasons for applying this exemption are set out below.

Section 30(b)(ii) (the free and frank exchange of views for the purposes of deliberation) recognises the need to allow Ministers some private space for discussion. 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 maintaining the process of achieving collective responsibility within a private space within which policy positions can be explored and refined by Ministers in order that the Government, as a whole, can reach a final decision. This private thinking space also allows for all options to be properly considered, so that good policy decisions can be taken. Premature disclosure is likely to undermine the full and frank discussion of issues between Ministers, which in turn will undermine the quality of the policy decisionmaking process.

The principle of collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed and advice offered within the Government should be maintained. The internal processes through which a Government decision has been made should not normally be disclosed." (Scottish Ministerial Code, 2018 2024 edition, paragraphs 26.1 and 26.4).

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 202600520516 - Information Released - Annex

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