Health briefing packs ahead of Scottish Parliament health committee: FOI release

Information requested

Copies of all briefing facts/materials that, between the start of October 2023 and present date, were any of:

1. Given to someone for preparation in appearing before the Scottish Parliament’s health committee;
2. Requested to be created for the purpose of preparation for/reference in an appearance before the Scottish Parliament’s health committee;
3. Given to the Cabinet Secretary for NHS Recovery, Health and Social Care for preparation for/reference in an appearance before any Scottish Parliament committee;
4. Worked on for the purpose of giving to someone in the future as preparation materials for appearing before the Scottish Parliament health committee.

Response

The request was interpreted to include all committee briefings between 1 October 2023 and 10 January 2024, when the response was received as well as any upcoming appearances being prepared for. We are releasing information for parts a, b and d of the request.

Regarding part a of your request: ‘Given to someone for preparation in appearing before the Scottish Parliament’s health committee,’ please find enclosed in the annex briefing material relating to the following Health, Social Care and Sport Committee appearances:

• 03 October - National Care Service (Scotland) Bill: Stage 1 and Pre-budget Scrutiny 2024-25
• 24 October - National Health Service (General Dental Services) (Miscellaneous Amendment) (Scotland) Regulations 2023 (SSI 2023/247)
• 2 November - Criminal Justice Committee, Health, Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting) – Drug Deaths and Drug Harm
• 7 November - Mental Health (National Secure Adolescent Inpatient Service: Miscellaneous Amendments) (Scotland) Regulations 2023 [Draft]
• 21 November - Healthcare in Remote and Rural Areas and Women's Health Champion

Regarding part b of your request: “Requested to be created for the purpose of preparation for/reference in an appearance before the Scottish Parliament’s health committee’, please find enclosed in the annex correspondence briefing and correspondence material relating to the following Health, Social Care and Sport committee appearances:

• 03 October - National Care Service (Scotland) Bill: Stage 1 and Pre-budget Scrutiny 2024-25
• 24 October - National Health Service (General Dental Services) (Miscellaneous Amendment) (Scotland) Regulations 2023 (SSI 2023/247)
• 2 November - Criminal Justice Committee, Health, Social Care and Sport Committee, and Social Justice and Social Security Committee (Joint Meeting) – Drug Deaths and Drug Harm
• 7 November - Mental Health (National Secure Adolescent Inpatient Service: Miscellaneous Amendments) (Scotland) Regulations 2023 [Draft]
• 21 November - Healthcare in Remote and Rural Areas and Women's Health Champion

Regarding part c of your request: ‘Given to the Cabinet Secretary for NHS Recovery, Health and Social Care for preparation for/reference in an appearance before any Scottish Parliament committee’, no other committee appearances were made by the Cabinet Secretary during the time period and all relevant Health, Social Care and Sport Committee briefing will be released in response to part b.

In response to part d of your request: ‘Worked on for the purpose of giving to someone in the future as preparation materials for appearing before the Scottish Parliament health committee’, in the annex, I enclose a copy of the draft briefing document prepared for The Minister for Public Health and Women’s Health appearance at the Health, Social Care and Sports Committee on 23 January 2024 to consider the draft Funeral Director Code of Practice.

Please note that, due to the date of the FoI request (10 January 2024), the version of the briefing which falls within the scope of the request is a draft from 21 December 2023 and may not represent the final version used by the Minister at Committee on 23 January 2024.

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 apply to the information.

Section 30(b) (i) and (ii) – the free and frank provision of advice and exchange of views for the purposes of deliberation
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 recognises the need for Ministers and officials to have a private space within which to draft and discuss options and positions before the Scottish Government reaches a settled public view.

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, on this occasion, there is a greater public interest in allowing Ministers and officials a private space within which to explore and refine the Government’s position. 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.

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 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 25 – information otherwise accessible
Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. An exemption under section 25 of FOISA (information otherwise accessible) applies to some of the information requested because Health, Social Care and Sport Committee members and their relevant interests, as well as official reports are accessible online on the Scottish Parliament website.

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 202400392694 - Information Released - Annex

File type

662 page PDF

File size

5.0 MB