Correspondence on National Treatment Centres: FOI Review

Information requested

Original request 202300382494

"I am looking for all written communication, including associated briefings, to and from Ministers since 1 April 2023 to most recent relating to the Scottish Government’s National Treatment Centres.”

Response

We have now completed our review of our failure to respond to your request under the Freedom of Information (Scotland) Act 2002 (FOISA) for 

"I am looking for all written communication, including associated briefings, to and from Ministers since 1 April 2023 to most recent relating to the Scottish Government’s National Treatment Centres.”

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

I apologise for the delay in responding to you. At the time of receiving the original request and request for review, we were dealing with a high volume of work and, due to pressures from other core business work coupled with the scope of this request, it has taken longer than expected to finalise a response. I can now provide our response to your original request.

I enclose a copy of most of the information you requested in the attached documents.

Document number	Document title
00	Collated Cabinet Secretary Emails REDACTED
01	Extract of 2023.08.21 - NHS Chairs meeting - NHSC_23_24_06 - Standing item - NHS Recovery and Performance REDACTED
02	Extract of 2023-24 - Health Infrastructure - Whole System Planning - Cabinet Secretary Submission - October 2023 REDACTED
03	Extract of Annex 2 Hot Topics - Media Briefing - July REDACTED
04	Extract of Draft Response-202300363031 REDACTED
05	Extract of Draft Response-202300364561 REDACTED
06	Extract of Draft Response-202300365172 REDACTED
07	Extract of Draft Response-202300367058 REDACTED
08	Extract of Draft Response-202300367106 REDACTED
09	Draft Response-202300367886 REDACTED
10	Extract of Draft Response-202300370288 REDACTED
11	Extract of EMBARGOED UNTIL 1420 - First Minister’s Statement - Programme for Government 2023-24 REDACTED
12	Eye Pavilion waiting times REDACTED
13	Letter from S Dowey to M Matheson 14.7.23 REDACTED
14	Extract of NHS Scotland National Access Policy - Updated Version DRAFT REDACTED
15	NTCP - Ministerial - Submission - FOI - 202300376692 REDACTED
16	Extract of Performance Dashboard - August 2023 REDACTED
17	Extract of Performance Dashboard - October 2023 REDACTED
18	Extract of PfG - Chapter Briefings REDACTED
19	Extract of PfG - Commitment Briefings short REDACTED
20	Extract of PfG - Commitment Briefings REDACTED
21	Extract of PfG - Overarching Briefings REDACTED
22	Extract of Planned Care Targets - Progress Update - 25 August 2023 REDACTED
23	Collated PQ background notes from 08 August 2023 REDACTED
24	Collated Emails from Programme SRO REDACTED
25	NTC OFFICIAL OPENING DRAFT AGENDA REDACTED
26	Extract of Planned Care Targets - Progress Update - 2 June 2023 REDACTED
27	Extract of Planned Care Targets - Progress Update - 30 June 2023 REDACTED
28	Response-202300379495 - SPICe Enquiry re Princess Alexandra Eye Pavilion Replacement REDACTED
29	NTC Policy Lead collated emails REDACTED
30	Collated emails to ministers found on eRDM
31	Extract of 2023.04.24 - NHS Chairs Meeting - Minutes REDACTED
32	Extract of Analytical Programme 23-24 Submission to Ministers REDACTED
33	Extract of Cabinet Secretary meeting with Grampian - 18 May 2023 REDACTED
34	Extract of ET Commission - August 2023 - DGHSC Key Programme Delivery and Outcomes slides REDACTED
35	Extract of June 2023 - HSC Covid Recovery - Key Programme Delivery and Outcomes Update Slides - REDACTED
36	Extract of Health and Social Care - Mandate Letter - 150623 REDACTED
37	Extract of HSC Committee - NHS Boards - Briefing - Cabinet Secretary - 27 June REDACTED
38	Extract of Winter Plan 2023-23_ Briefing pack - CABINET SECRETARY FOR NHS RECOVERY, HEALTH AND SOCIAL CARE - 24 October 2023 - REDACTED

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.25(1) (information otherwise accessible), s.27(1) (information intended for future publication), s.29(1)(a) (policy formulation), s.30(b)(i) (free and frank provision of advice), s.30(b)(ii) (free and frank exchange of views) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why those exemptions apply are explained in the Annex to this letter. The information identified as otherwise accessible under section s.25(1) is signposted in the relevant documents enclosed.

REASONS FOR NOT PROVIDING INFORMATION
Exemptions apply

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 27 (1) : Information intended for future publication
An exemption under section 27(1) of FOISA applies (information intended for future publication) applies to some of the information requested as there is an intention to publish the information within the next 12 weeks.

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 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

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 202300386871 - Information Released - Annex

File type

169 page PDF

File size

4.8 MB