Resignation of Cabinet Secretary for NHS Recovery, Health and Social Care: FOI release

Information requested

All correspondence received and sent by the Scottish Government, including internal correspondence, minutes, notes and briefings held, about the resignation of Michael Matheson between January 15 2024 and the date of this FOI?

Response

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

Some of the information you have requested is available from the Scottish Government website, Health and Social Care Secretary resigns - gov.scot (www.gov.scot) and Health Secretary: resignation
letters - gov.scot (www.gov.scot).

Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. 

An exemption under section s.38(1)(b) and s.30(b)(ii) of FOISA applies to some of the information you have requested.

Section 38(1)(b) - requestor has asked for personal data of a third party. An exemption applies under section 38(1)(b) of FOISA (personal information) 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 2028.

Section 30(b)(ii) – free and frank provision of advice or exchange of views. An exemption applies under section 30(b)(ii) of FOISA (free and frank provision of advice/exchange of views) applies to some of the information you have requested. The exemption applies because disclosure would, or would be likely too, inhibit substantially the free and frank exchange of views.

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 some public interest the in release, however this is outweighed by the public interest in ensuring that Ministers and Special Advisers have space to provide and discuss advice, with the ability to engage in free and frank discussions. Release of the exempt information would be likely to inhibit such free and frank discussions.

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 202400397967 - Information released - Annex A

File type

6 page PDF

File size

247.2 kB