Meeting between Deputy First Minister and Lord Brailsford relating to Covid-19 Inquiry: FOI release

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


Information requested

All items of information held in relation to the briefing prepared for the Deputy First Minister for his meeting / call with Lord Brailsford about the Covid-19 Inquiry on 28 October 2022, and all notes and records of the event. This is listed in the Scottish Government's ministerial engagements

https://www.gov.scot/publications/ministerial-engagements-travel-and-gifts-october-2022/

This should include all material prepared for the Deputy First Minister in preparation for the meeting / call, including papers, emails and media clippings, and all notes and records of the meeting / call, including any media recordings and transcripts.

Response

I address your request below, providing some of the information you have requested, enclosed as Annex A.

In processing this information, it was learned that an additional meeting which took place between the Deputy First Minister and Lord Brailsford on 25 October 2022 was not, due to an administrative error, recorded on the ministerial engagements record. For the sake of completeness and to provide assistance to you, I have expanded your request to also include material linked to the meeting of 25 October. This is enclosed as Annex B. The ministerial engagements record has also been updated.

Some of the information you have requested is exempt from disclosure because exemptions under section 25(1) (information otherwise accessible) and section 38(1)(b) (personal information) of FOISA apply to that information. These exemptions are explained in the following paragraphs.

Exemptions apply, not subject to the public interest test

Section 25(1) – Information otherwise accessible
An exemption under section 25(1) of FOISA (Information otherwise accessible) applies to some of the information requested as it can be reasonably obtained without asking for it under FOISA. 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 Deputy First Minister’s statement to Parliament on 27 October 2022, referred to in document 1 and document 2, Annex B, is already in the public domain and can be accessed here: Scottish COVID-19 Inquiry Chair: Ministerial statement - gov.scot (www.gov.scot)

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 as it is personal data of a third party, i.e. names and contact details of individuals, and disclosing 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 has been applied where necessary throughout the response. 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 202300338328 - Information Released - Annex A
FOI 202300338328 - Information Released - Annex B

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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