National Treatment Centre data: FOI release

Information requested

All written communication, including associated briefings, to and from Ministers since 1 November 2023 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.

Document number	Document title
01	2023-24 - First Minister - Deep Dive - Health Capital Investment - February 2024
02	Health Infrastructure FMQ - February 2024
03	SUBMISSION - FM DFM and Cab Sec - Planned Care 26.01.24 - FINAL
04	Collated Emails from DFM Highlighted
05	2023-24 - Cabinet Secretary briefing - Health Multi-Year Capital Budget - November 2023
06	2023-24 - Cabinet Secretary Health - Major Projects report to PAC - January 2024
07	2023-24 - Cabinet Secretary Health - Response to Deputy First Minster - Capital Review - 8 November 2023
08	2023-24 - Response to FM - National Treatment Centre decision - follow up to submission of 6 December
09	2023-24 - Submission - National Treatment Centre decision - FM - 30 November – Final
10	2023-24 - Submission to FM - National Treatment Centre decision - final - 6 December
11	DFM & Cab Sec - Waiting Times Funding Meeting Agenda 16 November 2023
12	DFM and Cab Sec submission - waiting times - NTC paper - Nov 2023
13	Submission - NTC programme - November 2023
14	Cab Sec Submission - Waiting Times Proposition Paper - September 2023 (004) (002)
15	2023-24 - Ministers - National Treatment Centre decision - October v1
16	Collated Emails from SRO
17	2023 - November Update - IIP Major Capital Projects Progress Update - December 2023
18	IIP Major Capital Projects reporting six-monthly update (Dec 2023) - Note to DFM
19	2023-24 - First Minister - Deep Dive - Health Capital Options - February 2024
20	240131 NOTE TO FIRST MINISTER AND DEPUTY FIRST MINISTER
21	ASDHD - Ministerial Statistics Briefing - 2024-02-27
22	FM Session - 6 March – Final
23	Cab Sec - Visit to East Lothian Community Hospital ELCH - 11 Dec 2023
24	Health Portfolio - Ministerial briefing - 2023- 24 Path to Balance
25	2024-25 - HSC and Sport Committee - Scottish Budget - Briefing 15 January 2024
26	Debate- Health - Briefing - Main Pack - 17 January 2024 (2)
27	DFM - Briefing - Scotland's Public Service Values - Debate - 11 January 2023
28	DFM - Scotland's Public Service Values - Debate - Final OpeningSpeaking Note -11 Jan 2023
29	Opening Speech - Labour Debate - Jan 2024
30	Interview Brief - Winter Pressures NHS Reform
31	Mandate Letter Review - Progress Overview - HSC - January Update
32	Extract from Briefing - Cab Sec visit to QEUH - 14 Feb 2024
33	Extract from Briefing for CS - Health and Social Care Priorities
34	Extract from Draft Response-202400397458
35	Extract from IG - Building a New Scotland- Health and Social Care in an Independent Scotland - 060224
36	Extract from Sunday Show Health Briefing - 10 Feb 2024
37	Extract from Brief - NHS in Scotland report - February 2024
38	Extract from CAB SEC BRIEFING - Conservatives NHS Plan - Feb 2024
39	Extract from February Debate - Briefing - Improving Access To Primary Care
40	Extract from MEDIA BRIEFING Cabinet Secretary 20 February
41	Extract from ADDITIONAL BRIEFING GENERAL PRACTICE DEBATE
42	Extract from NHS in Scotland report briefing - 22 February 2024 REVISED
43	Extract from PS minute - Emma Brodick MSP - Micase - 202400397799
44	Extract from Cabinet Secretary briefing - RCDS Lanarkshire visit 29 Feb 2024 UPDATED
45	Extract from Extract from CS Submission - capital projects in construction- February 2024 (final)
46	Extract from Draft Response-202400399875
47	Extract from Response-202300389989
48	Cabinet Secretary HSC - Briefing Pack - Prosper event 6 March
49	Cabinet Secretary meeting with Lothian - 11 March 2024 draft
50	HSC Reform Cabinet Paper v1.0
51	Speaking points on Reform Cabinet Paper - SGP Meeting 2 - Copy
52	Collated Emails from Cabinet Secretary

Exemptions apply under sections s.29(1)(a) s.30 (b)(i), s.30(b)(ii) and s.38(1) (b) of FOISA to some of the information you have requested. One document returned in the search was the NHS in Scotland 2023 publication by Audit Scotland. This has been withheld under s.25(1) as it is available in the public domain in full and can be found here: https://audit.scot/publications/nhs-in-scotland-2023. Further information can be found in Appendix A.

Appendix A

REASONS FOR NOT PROVIDING INFORMATION

Section 25(1) Information otherwise accessible

An exemption under section 25(1) of FOISA applies (information otherwise available) applies to some of the information requested as the requester can reasonably obtain the information without making a request for it. 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 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 of the Scottish Government’s policy on NHS recovery. 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 the NHS Recovery Plan 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(b)(i) – free and frank provision of advice

Exemptions under section 30(b)(i) of FOISA (free and frank provision of advice) applies to some of the information requested. This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position. Disclosing the content of free and frank briefing material provided by boards relating to capital spending, construction and workforce will substantially inhibit such briefing in the future, particularly because discussions on the issue relate to a commercially sensitive and ongoing matter. 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, until the Government as a whole can adopt a policy decision 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 decision making process, which would not be in the public interest.

Section 30(b)(ii) Free and Frank Exchange of Views

An exemption under section 30(b)(ii) of FOISA (free and frank exchange of views) applies to some of the information requested. This exemption applies because disclosure would, or would be likely to, inhibit substantially the 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 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, until the Government as a whole can adopt a policy decision 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 decision making process, which would not be in the public interest.

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 202400405174 - Information released - Attachment

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273 page PDF

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2.1 MB