Correspondence relating to the East Calder Medical Centre: FOI release

Information requested

1. Copies of all correspondence between the Scottish Government (including its departments and executive agencies) and NHS Lothian and West Lothian IJB that reference East Calder Medical Centre, its reprovisioning/rebuild and funding/capital bids for this since 1 January 2016.

2. Copies of initial agreements, outline business or final business cases received from NHS Lothian and/or West Lothian IJB relating to the reprovision/rebuild of East Calder Medical Centre since 1 January 2016.

3. Copy of any/all capital project prioritisations (by fiscal year) received from NHS Lothian since year 2016/17.

4. Copy of all correspondence received from NHS Lothian for capital funding for the reprovision/rebuild of East Calder Medical Centre since 1 January 2016.

5. Copy of all correspondence received from NHS Lothian for capital funding to prepare an initial, outline or final business case for the reprovision/rebuild of East Calder Medical Centre since 1 January 2022.

6. Copy of notes/minutes of meetings between the Scottish Government, its departments or executive agencies with NHS Lothian board members, chief officers or project staff to discuss obtaining or requesting funding to prepare an initial, outline or final business case for the reprovision/rebuild of East Calder Medical Centre since 1 January 2022.

Response

I enclose a copy of some of the information you requested in the Annex.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information that you have requested because exemptions under sections s.30(b)(i) (Free and frank provision of advice), s.30(b)(ii) (Free and frank exchange of views) and section s.38(1)(b) (personal information) of FOISA applies to that information. The reasons why these exemptions applies are explained below.

Exemptions

s.30(b)(i) (Free and frank provision of advice), and s.30(b)(ii) (Free and frank exchange of views) of FOISA applies to some of the information. This exemption recognises the need for officials to have a private space within which to provide free and frank advice to Ministers before the Scottish Government reaches a settled public view. Disclosing the content of free and frank advice on this matter will substantially inhibit the provision of such advice in the future, particularly where discussions are still ongoing.

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 explore and refine the Government’s response to public correspondence. This private thinking space is essential to enable all options to be properly considered, so that good 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 decision making process, which would not be in the public interest.

s.38(1)(b) (personal information) regulates the relationship between FOISA, the UK General Data Protection Regulation and the Data Protection Act 2018.

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 202300379027 - Information Released - Annex

File type

92 page PDF

File size

3.0 MB