Correspondence and submissions relating to Joint Council for Cosmetic Practitioners (JCCP) and regulation of Non-Surgical Cosmetic Procedures: FOI release

Information requested

Please provide the following recorded information, held in any form, including emails, letters, minutes, meeting notes, briefing papers, submissions and internal correspondence.

1. All correspondence, emails and meeting notes between the Scottish Government (or Scottish Office) and Professor David Sines and/or the Joint Council for Cosmetic Practitioners (JCCP) between 1 January 2024 and 31 January 2025 concerning non-medical injectors and/or the Faces Consent platform.

2. All records evidencing the engagement described by the JCCP as the Chair having been “working with the Scottish Office for many months”, including meeting dates, call records, attendee lists and the identities of officials involved.

3. A copy of the JCCP’s full submission to the Scottish Government consultation on the regulation of non-surgical cosmetic procedures, together with any assessment, briefing, analysis, commentary or evaluation produced by the Scottish Government in relation to that submission.

4. Any briefing, submission, report, analysis, presentation or note which cites, references or relies upon JCCP complaints data, the JCCP complaints dashboard, JCCP registrant numbers or JCCP registration statistics.

Please provide information covering the period 1 January 2023 to the date of this request unless a different period is specified above.

Response

In relation to question 1;

We note that correspondence between the Scottish Government and Professor David Sines and/or the JCCP relating to non-medical injectors has been sought previously, including under FOI references 202600512258, 202600508622 and 202600511564.

However, in response to your question, please refer to document 8, 19 and 20 contained within the Annex of this request.

Document 8

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. 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 under section s.30(b)(ii) of FOISA applies to some of the information you have requested as this information contains free and frank exchange of views for the purposes of deliberation. 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 some public interest in release because it would promote openness and transparency in the Scottish Government's consideration of proposals relating to the regulation of non-surgical cosmetic procedures and would contribute to public understanding of the policy development process. However, this is outweighed by the public interest in ensuring that officials and external stakeholders are able to exchange views freely and frankly as part of an ongoing policy development process. Disclosure of these views at this stage would be likely to inhibit the provision of candid advice and opinions in future, which would substantially prejudice the Scottish Government's ability to fully explore and test policy options before decisions are made. There is a greater public interest in allowing a private space for discussion and deliberation to support the development of sound and effective policy.

In addition, an exemption under section 30(c) of FOISA applies to some of the information you have requested as disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs. This exemption is subject to the public interest test.

Therefore, taking account of all the circumstances of this case, we have considered whether 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 disclosure as part of open, transparent and accountable government, particularly in relation to the Scottish Government's consideration of issues concerning the regulation of non-surgical cosmetic procedures. Disclosure would contribute to public understanding of the information provided by stakeholders and the matters under consideration by the Scottish Government.

However, this is outweighed by the public interest in ensuring that the Scottish Government is able to engage effectively with external stakeholders and obtain detailed information, evidence and views to inform policy development and decision-making. The withheld information was provided in circumstances where stakeholders would reasonably expect their views and supporting material to be considered as part of ongoing discussions. Disclosure would be likely to discourage stakeholders from sharing information as openly and comprehensively in future, thereby reducing the quality and breadth of evidence available to the Scottish Government.

Such an outcome would prejudice substantially the Scottish Government's ability to conduct its affairs effectively, particularly in relation to developing policy in complex and evolving areas where engagement with external organisations is essential. There is therefore a greater public interest in maintaining stakeholders' confidence in these engagement processes and ensuring that the Scottish Government continues to receive the information necessary to support robust and well-informed decision-making. For these reasons, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure.

Document 19

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. 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 under section s.36(2) confidentiality of FOISA applies to some of the information you have requested. The information was obtained by the Scottish Government authority from another person and contains personal information of businesses and complaints. 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.

In regards to the aspect of your request relating specifically to the prescribing platform known as Faces Consent/FACES Consent, in this instance the Scottish Government does not have the information you have requested. The reason why we do not have this information as this is information is not held within Scottish Government records.

Document 20

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. 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 under section s.36(2) confidentiality of FOISA applies to some of the information you have requested. The information was obtained by the Scottish Government authority from another person and contains personal information of businesses and complaints. 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.

In relation to question 2;

While the Scottish Government may hold records of its own engagement with external stakeholders, the request relates specifically to activities attributed to the “Scottish Office”. For the purposes of this request, it may be helpful to note that the Scottish Government and the Scottish Office are separate public authorities, therefore, the Scottish Government does not hold information or records capable of evidencing the specific statement referred to in the request. Therefore, under section 17(1) of FOISA, I must advise you that the Scottish Government does not hold the information you requested.

In relation to question 3;

A copy of JCCP’s full submission to the Scottish Government consultation on the regulation of nonsurgical cosmetic procedures can be found at the following link. Response 426539505 to Regulation of non-surgical cosmetic procedures - Scottish Government consultations - Citizen Space.

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.

The Scottish Government does not hold any assessment, briefing, analysis, commentary or evaluation relating specifically to that individual submission. Consultation responses were considered collectively and informed the published consultation analysis and consultation response documents which are available at Regulation and licensing of non-surgical cosmetic procedures: consultation analysis and response - gov.scot. Therefore, under section 17(1) of FOISA, I must advise you that the Scottish Government does not hold any further recorded information falling within this part of your request. 

In relation to question 4;

In response to your question, please refer to document 4, 8, 9, 19 and 20 contained within the Annex of this request.

Document 4

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. 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.

Document 9

An exemption under section s.38(1)(b) of FOISA applies to some of the information you have requested as this information is personal information. 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.

In addition, an exemption under section s.30(b)(ii) of FOISA applies to some of the information you have requested within this document as this information contains free and frank exchange of views for the purposes of deliberation. This exemption is subject to the 'public interest test'.

Therefore, taking account of all the circumstances of this case, we have considered whether 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 disclosure as part of open, transparent and accountable government, particularly in relation to the development of policy on the regulation of non-surgical cosmetic procedures. Disclosure would help inform public understanding of the views expressed by stakeholders and the considerations taken into account by the Scottish Government.

However, this is outweighed by the public interest in ensuring that officials and external stakeholders are able to exchange views freely and frankly during the policy development process. The withheld information contains opinions, recommendations and candid discussions regarding potential regulatory approaches which were shared to inform ongoing deliberations. Disclosure of such information is likely to inhibit stakeholders and officials from providing full and frank views in future, particularly where issues are complex, sensitive or remain under consideration. This would reduce the quality of the information and advice available to the Scottish Government and would hinder its ability to consider all relevant options before reaching a settled policy position.

There is a greater public interest in protecting a private thinking space in which policy options can be rigorously explored, challenged and refined, thereby supporting better-informed and more effective decision-making. For these reasons, we have concluded that the public interest in maintaining the exemption outweighs the public interest in disclosure.

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 202600523458 - Information released - Annex A

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PDF

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428.7 kB

FOI 202600523458 - Information released - Annex B

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Excel document

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13.7 kB