Humza Yousaf's meetings: FOI release

Information requested

1. All internal and external correspondence within and sent or received by the Scottish Government including attached documents, meeting handouts, memos, briefings to ministers, attendee lists, location of meeting, notes, minutes, or OneNote memos, linked to the following meetings:

• Humza Yousaf's meetings with David McColl on September 7
• Humza Yousaf's meeting with UK Health Ministers on September 16
• Humza Yousaf's meetings with Iain Kennedy from the BMA on September 21 and October 6
• Humza Yousaf's meeting with Dr David Shackles and Dr Chris Williams on September 29
• Humza Yousaf's meeting with Agenda for Change Staff Side on October 20
• Humza Yousaf's meeting with General Medical Council on October 26
• Humza Yousaf's meeting with the Royal College of Surgeons of Edinburgh on October 26.

Response

Humza Yousaf's meetings with David McColl on September 7

We have provided you with the Meeting Summary for the 7 September 2022 meeting between the Cabinet Secretary for Health and Social Care and David McColl in the attachment (Appendix A).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.

Briefing papers to the Cabinet Secretary for Health and Social Care have been excluded under section 30(c) the effective conduct of public affairs. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

Humza Yousaf's meeting with UK Health Ministers on September 16

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested.

• This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested. In line with official protocol, the Scottish Government entered a 10 day period of national mourning with the passing of Her Majesty The Queen on 8 September 2022. As such all non-urgent business was postponed, including that of the Scottish Parliament and Ministerial meetings until 18 September 2022.

Humza Yousaf's meetings with Iain Kennedy from the BMA on September 21 and October 6

Regarding the meeting with the Cabinet Secretary for Health and Social Care and Dr Kennedy on 21 September 2022, we have provided you with the Note of Discussion (Appendix B).

For the meeting with the Cabinet Secretary for Health and Social Care and Dr Kennedy on 6 October 2022, we have provided you with both the email thread where the Meeting Note was attached, and the Bilateral Meeting Note (Appendix C).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.

Briefing papers to the Cabinet Secretary for Health and Social Care have been excluded under section 30(c) the effective conduct of public affairs. Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

Humza Yousaf's meeting with Dr David Shackles and Dr Chris Williams on September 29

Regarding the meeting with the Cabinet Secretary for Health and Social Care, Dr David Shackles and Dr Chris Williams on 29 September 2022, we have provided you with email threads that discussed the upcoming meeting and a thread that prepared a list of agenda items, the Meeting Agenda, and a Summary of Points Made in the Discussion (Appendix D).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.
• Regarding the Summary of Points Made in the Discussion document, some items have been withheld under section 30(b)(ii) disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purpose of deliberation.
• Some information was not included in the Summary of Points Made in the Discussion document under the exemption at section 25(1) of Freedom of Information (Scotland) Act 2002 (FOISA) (regulation 6(1)(b) of the EIRs) as ‘otherwise accessible’. This information is available via Retaining our GP workforce in Scotland (rcgp.org.uk).

Briefing and Supplementary papers to the Cabinet Secretary for Health and Social Care have been excluded under section 30(c) Prejudice to effective conduct of public affairs. Information is exempt if its disclosure would prejudice substantially the effective conduct of public affairs.

Humza Yousaf's meeting with Agenda for Change Staff Side on October 20

Regarding the meeting with the Cabinet Secretary for Health and Social Care and Agenda for Change Staff Side on 20 October 2022, we have provided you with the Meeting Note (Appendix E).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.

Briefing papers to the Cabinet Secretary for Health and Social Care have been excluded and some information in the Meeting note has not been included under section 30(c) Prejudice to effective conduct of public affairs. Information is exempt if its disclosure would prejudice substantially the effective conduct of public affairs.

Financial information regarding the Agenda for Change pay offer has not been provided 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, then please contact me again and I will send you a paper copy.

Humza Yousaf's meeting with General Medical Council on October 26

Regarding the meeting with the Cabinet Secretary for Health and Social Care and the General Medical Council (GMC) on 26 October 2022, we have provided you with all email exchanges regarding this meeting, the meeting agenda, Briefing papers to the Cabinet Secretary for Health and Social Care, internal notes of the meeting, and the GMC and NES presentation (Appendix F).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.
• Regarding the internal emails between Scottish Government Officials and the Briefing papers to the Cabinet Secretary for Health and Social Care, some items have been withheld under section 30(b)(ii) disclosure would, or would be likely to, inhibit substantially the free and frank exchange of views for the purpose of deliberation.

Humza Yousaf's meeting with the Royal College of Surgeons of Edinburgh on October 26

Regarding the meeting with the Cabinet Secretary for Health and Social Care and the Royal College of Surgeons of Edinburgh on 26 October 2022, we have provided you with the email thread where the meeting preparations were discussed, the Briefing paper for the Cabinet Secretary for Health and Social Care, and the Briefing note on a proposed partnership between COSECSA and RCSEd (Appendix G).

• An exemption under section 38(1)(b) of FOISA applies to a small amount of the information you have requested. This is because the information requested contains personal data of a third party, i.e. the names contact details and e-mail addresses 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.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI - 202300338463 - Appendix A-G

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