Publication - FOI/EIR release

Communications regarding cancer strategy: FOI Review

Published: 9 September 2024
Directorate: Chief Operating Officer, NHS Scotland Directorate
Topic: Health and social care, Public sector
FOI reference: FOI/202300373742 Review of 202300360122
Date received: 30 August 2023
Date responded: 12 September 2023

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

Information requested

Original Request 202300360122

All written communication, including associated briefings, to and from Ministers since 1 September 2022 to present (1 June 2023) relating to the Scottish Government's next cancer strategy/plan.

Response

I have now completed my review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for all written communication, including associated briefings, to and from Ministers since 1 September 2022 to present (1 June 2023) relating to the Scottish Government's next cancer strategy/plan.

In accordance with section 21(4) of FOISA, I have also reached a decision on your request.

We are very sorry that we have not provided the response within the expected timeframe. As the material involved in the request was wide ranging and significant in volume it took us longer than expected to assess the information in scope of your request.

I can now provide our response to your original request. Due to file size, you will receive a copy of the information requested via a seperate email.

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 sections s.29(1)(a) formulation or development of Scottish Government policy, s.30(c) otherwise prejudice effective conduct of public affairs, and s.38(1)(b) (personal information) of FOI(S)A applies to that information. The reasons why those exemptions apply are explained in the Annex to this letter.

Some of the information you have requested is available from The Scottish Government website. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. This includes a copy of the Final Strategy and Action Plan, the Business and Regulatory Impact Assessment and the consultation analysis drafted in preparation for the new cancer strategy. However, if you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Annex 1 – Reason for not providing information

Section 29(1)(a)

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 and development of the Scottish Government’s policy on cancer.

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 cancer 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(c)

An exemption under section 30(c) of FOISA (prejudice to effective conduct of public affairs) applies to some of the information requested. It is essential for Ministers and officials to be able to communicate and meet, often in confidence, with external stakeholders on a range of issues, including cancer. Disclosing the content of these communications and information about these meetings, particularly without the consent of the stakeholder, is likely to undermine their trust in the Scottish Government and will substantially inhibit communications on this type of issue in the future. These stakeholders will be reluctant to participate in meetings and provide their views fully and frankly if they believe that their views are likely to be made public. This would significantly harm the Government’s ability to carry out many aspects of its work, and could adversely affect its ability to gather all of the evidence it needs to make fully informed policy 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 Ministers and officials a private space within which to communicate and meet with appropriate external stakeholders as part of the process of exploring and refining the Government’s policy position on cancer until the Government as a whole can adopt a policy that is sound and likely to be effective. This private space is essential to enable all options to be properly considered, so that good policy decisions can be taken based on fully informed advice and evidence, such as that provided by key external cancer stakeholders. Premature disclosure is likely to undermine the full and frank discussion of issues between the Scottish Government and these stakeholders, which in turn will undermine the quality of the policy making process, which would not be in the public interest.

Section 38(1)(b)

An exemption under section 38(1)(b) of FOISA (personal information) applies some of the information requested because it is personal data of a third party, ie names and contact details of officials, 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.